GDPR and AI: which personal data leaves in your prompts

Last updated : 2026-11-04

As soon as a text sent to an AI contains personal data, the GDPR applies and the organisation that decides to send the text and sets its purpose generally remains the controller; this guide lists the points to examine and shows where ndaact.ai helps.

This guide is not legal advice and does not validate any compliance. ndaact.ai is an aid: it reduces the identifying data that leaves for an AI. It does not make a use "compliant" on its own. That assessment stays with you, together with your DPO or a qualified adviser.

What actually leaves in a prompt

A prompt (the text you paste or type into an assistant) often contains more than the question. A letter to summarise, a file to analyse or an email to rephrase sends the model provider the names, contact details and identifiers of the people mentioned. A name in a text is personal data; sending it to a provider is processing.

Points to examine

The table lists the GDPR articles that come up most often for the use of an AI assistant. Each row says what ndaact.ai can help with and what remains your responsibility.

Point to examineWhat the GDPR saysWhat remains your responsibilityWhat ndaact.ai can help with
Data minimisationData must be limited to what is necessary (Art. 5(1)(c))Decide which data is necessary for the purposeReplace detected entities with markers before sending
Data protection by designPlan appropriate technical measures from the start (Art. 25)Choose and document the measuresProvide a local technical measure, on your PC
The AI providerA contract governs the processor (Art. 28)Review the contract and your account settingsNothing: this depends on your provider
Transfers outside the EUTransfers to a third country are regulated (Art. 44 to 46)Check where the provider processes the dataReduce the identifying data that leaves, without removing the transfer
SecurityAppropriate technical and organisational measures (Art. 32)Assess the risk level of your activityLocal pseudonymisation with an encrypted correspondence table on your PC
Record of processingKeep a record of processing activities (Art. 30). Organisations with fewer than 250 employees are exempt, unless the processing is likely to result in a risk, is not occasional, or involves sensitive data (Art. 30(5))Write and maintain the recordProvide a template line: see the guide on the record
Impact assessmentRequired, before the processing starts, when it is likely to result in a high risk (Art. 35)Decide whether one is needed and carry it outNothing: the decision is yours

Pseudonymising before sending: what it changes

The GDPR defines pseudonymisation in Article 4(5): processing such that the data can no longer be attributed to a specific person without additional information, kept separately. ndaact.ai applies this idea before sending: detected entities are replaced by markers, and the correspondence stays on your PC. The model provider receives the text with markers in place of the detected entities.

For the difference with anonymisation and the state of European case law, see the guide on definitions and the guide on judgment C-413/23 P. Pseudonymised data remains, in principle, personal data: the GDPR continues to apply.

Limits to know

  • Only detected entities are replaced. An entity that is not detected goes out in the clear: read the text before sending when the stakes are high.
  • ndaact.ai does not assess your legal basis, your contract with the provider, or whether an impact assessment is needed.
  • A text can identify a person without naming them (a rare situation, a specific context). No detection tool covers this case reliably.
  • The compliance of a use depends on the whole: purpose, legal basis, contract, information to individuals, security. The technical measure is only one part.

Before you start

  1. Write the purpose of your AI use in one sentence.
  2. Go through the table above and note, for each row, who decides in your organisation.
  3. Add the use to your record, with the template from the dedicated guide.
  4. Have your DPO or an adviser review it, in particular transfers and the impact assessment.

Source: GDPR, Regulation (EU) 2016/679 of 27 April 2016.