ChatGPT: a GDPR-ready path forward?

Italy’s DPA reverses its ban on ChatGPT after OpenAI steps up its GDPR compliance, McDermott Will & Emery lawyers say.

On 30 March 2023, Italy’s Data Protection Authority, the Garante, issued a decision (the Decision) that required the US-based company developing and managing ChatGPT, OpenAI, not to process any more personal data of Italian users through that online service. As a result, OpenAI suspended access to ChatGPT in Italy. Although the Decision was only interim, and the final decision now reinstates the service, it is likely to have material implications not only in this specific case, but also more broadly for the use of ChatGPT and similar technologies in Italy, in the European Union (EU), and even globally.

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