AI Vendor DPA Tracker 2026: GDPR DPAs and Training Opt-Outs

Image: Pexels, used under the Pexels License.

Rows were re-checked against the vendor's own DPA, terms, help or docs page on October 14, 2026; Notion AI, Zoom, Grammarly and the DeepSeek API were added on October 16, 2026 and checked that day. The subprocessor column was added on October 16, 2026, and every link in it was opened that day. Where we couldn't confirm a cell, the table says so.

Key: ✅ Yes / ❌ No / ⚠️ Conditional, opt-out required or partly confirmed / ❓ Could not verify from the vendor's public pages

Last verified row by row against the pages linked in the table: October 14, 2026, and October 16, 2026 for the four vendors added that day and for the whole subprocessor column. Terms change; confirm with the vendor before relying on a row for a compliance decision.

What we could not confirm: Replicate's terms and privacy policy don't mention a DPA or say whether API inputs are used for training, so that row stays open, and we found no subprocessor list on its site. Cursor's DPA is tied to its Master Services Agreement, and we found nothing on whether individual plans can sign it. AWS's DPA pages don't say directly whether the Q Developer free tier sits under the AWS DPA, though the subprocessor list AWS publishes under that DPA names the free tier. DeepSeek's API docs don't say whether the "Improve the model for everyone" setting covers API accounts, and we found no DPA or subprocessor list anywhere on DeepSeek's site. Zoom's DPA PDF carries no version date. Google's processor-terms list, which the paid Gemini API relies on, names no Gemini API subprocessors, and it doesn't say whether that means there are none.

What changed since the last review

Updated October 24, 2026: Google's Cloud documentation now calls Vertex AI the Gemini Enterprise Agent Platform, and the old Vertex AI pages redirect there, so the row we labeled "Google Cloud AI (formerly Vertex AI)" now uses Google's name. We re-checked that row the same day: Google still won't train on your data without permission, regional endpoints keep data in the chosen location, and the global endpoint can serve requests from any region. The same day we re-opened the Notion pages behind its row: Notion updated its subprocessor list on October 21, 2026, and OpenAI and Anthropic are still listed with a "Global" location, so the Notion row and section stand.

October 16, 2026: subprocessor column added. Every row now links the vendor's own subprocessor list, and each link was opened that day. Rows for plans without a DPA say N/A. We found no list from DeepSeek or Replicate. Microsoft's list is a PDF on its Service Trust Portal, last updated September 10, 2026, and Hugging Face's PDF is dated January 23, 2025.

October 16, 2026: four vendors added. Each row was checked against the vendor's DPA, terms, help pages and subprocessor list that day.

• Notion AI: no training on any organization plan, EU storage only on Enterprise. Notion's DPA, in force since August 14, 2026, sits inside its Master Subscription Agreement, which covers Plus, Business and Enterprise and anyone using Notion for an organization; personal use has separate terms without it. The Notion AI terms rule out training, so there's no toggle to hunt for. EU data residency keeps page content in Frankfurt for Enterprise workspaces, but prompts still go to AI subprocessors such as OpenAI and Anthropic, listed with a "Global" location. To hear about new subprocessors, email [email protected] with the subject "Subscribe to New Subprocessors"; you then get 10 days to object.
• Zoom AI Companion: the name is gone, the training ban isn't. Zoom dropped the AI Companion brand on June 24, 2026: summaries and the other built-in features still come with eligible paid plans, and ZoomMate is the new agent product. Zoom's AI whitepaper says it doesn't train its own or third-party models on audio, video, chat or similar content, so there's nothing to opt out of; admins can switch AI features off for the account or a group in the Admin Portal. Accounts hosted in the EU run AI features on Zoom-managed instances of third-party models in Amazon Bedrock (ZM+) or on Zoom's own models. The federated setup calls Anthropic, OpenAI and Google, and Zoom support can tell you which setup your account uses and move you to another. The DPA promises at least 30 business days' notice before a new subprocessor.
• Grammarly: the default depends on how you bought it. Grammarly's legal terms now sit with Superhuman Platform Inc., formerly Grammarly, Inc. Training is off by default for Enterprise, Education and plans bought through sales, but multi-user plans bought on the website start with training on until an admin turns it off at account.grammarly.com/admin/data_settings. Individual users opt out at account.grammarly.com/security/privacy. The DPA covers enterprise customers and any account opened on behalf of an organization. Grammarly hosts data with AWS in the US East region, and we found no EU hosting option in its security or legal pages.
• DeepSeek API: no DPA, data stored in China. DeepSeek's privacy policy, last updated February 10, 2026, makes Hangzhou DeepSeek Artificial Intelligence Co., Ltd. the data controller and says it collects, processes and stores personal data in the People's Republic of China. The API terms build on DeepSeek's Terms of Use, and section 4.3 there lets DeepSeek use de-identified inputs and outputs to improve its models unless you turn off "Improve the model for everyone". The privacy policy also gives a right to opt out of training by email to [email protected], but section 5.5 of the API terms limits that policy to the personal information you provide yourself: for your end users' data in an app built on the API, you are the controller and owe them your own privacy policy. For the transfer question, see our DeepSeek GDPR guide.

Screenshot: Product Improvement and Training Control, Grammarly Support, checked October 16, 2026.

October 14, 2026: full re-check. The table previously said "Last verified: June 2026". That review changed these rows:

• Mistral API: training is not off by default. Mistral's DPA lets it train on customer data "unless Customer is or has opted-out of training", and its help center says the Studio and API opt-out is a separate admin toggle. The row now reads "may be used unless an admin opts out".
• Cohere: training needs an opt-out, and the DPA is on request. Cohere's enterprise data page tells SaaS customers they can opt out of training in Data Controls and asks them to email [email protected] for the DPA.
• Cursor individual plans: training happens unless Privacy Mode is on. The old row said "No". Cursor's data-use page says it may train on code data when Privacy Mode is off; teams get Privacy Mode by default.
• GitHub Copilot Business and Enterprise: EU residency now exists, but only on GitHub Enterprise Cloud with data residency. Individual plans have been used for training by default since April 24, 2026.
• Claude Team and Enterprise added. We removed the claim that "Claude.ai for Business" launched in early 2026; Anthropic's commercial products are Claude for Work and the API, both under its Commercial Terms and DPA.
• ChatGPT Team is now ChatGPT Business. We dropped the old per-seat price, which we couldn't confirm on OpenAI's pricing page.
• Amazon Q Business is closed to new customers, so the row now covers Q Developer, split into Pro and free tier.
• Gemini API paid tier added. Google's terms say only paid services may serve users in the EEA, Switzerland or the UK.
• Broken links fixed for the Anthropic DPA, the Microsoft DPA, Mistral's DPA and GitHub's DPA.

Screenshot: Can I opt out of my input or output data being used for training?, Mistral AI Help Center, checked October 14, 2026.

How to use this table

Read the columns this way. "DPA available?" means a Data Processing Agreement covering GDPR processor obligations exists for that plan. "Trains on your data?" is the default for that plan, not what's possible after you change settings. "EU data residency?" means you can keep processing or storage in the EU; "SCCs in the DPA" means data goes to the US under Standard Contractual Clauses.

Before anyone sends personal data to an AI tool:

1. Confirm the plan. The DPA follows the plan, not the vendor. A Claude Pro seat and a Claude Team seat at the same company sit under different terms.
2. Open the DPA from the table and check it cites the 2021 Standard Contractual Clauses for non-EU vendors.
3. Check the training toggle yourself. For Mistral, Cohere, Cursor, Grammarly team plans bought on its website, DeepSeek and every consumer row, take a screenshot of the setting when you sign, so you can show what was switched off and when.
4. Save the subprocessor list from the table, and sign up for change notices where the vendor offers them: Perplexity and Mistral (through its Trust Center) do, and Notion sends them if you email [email protected].
5. Record it in your AI tool register: plan, DPA link, date accepted, training setting and EU residency choice.

On r/gdpr this month, u/throwaway_lmkg described the pattern this table keeps showing: "only the business plans come with a DPA", along with SSO and a support contact. If a vendor sells a business plan without a DPA, treat that as a reason to look elsewhere.

Image: Unsplash, used under the Unsplash License.

If your legal team won't accept SCCs

Your options are an EU-residency row from the table (Azure regional or EU Data Zone deployments, Google Cloud regional endpoints, Gemini in Workspace with EU processing, Microsoft 365 Copilot, Mistral, AWS EU Regions, Hugging Face EU endpoints, or OpenAI's European residency where eligible), a self-hosted open-weight model, or stripping personal data before it leaves the EU.

DPA red flags to raise before signing

Image: Unsplash, used under the Unsplash License.

The EU AI Act sits next to the DPA, not inside it

The AI Act's rules for general-purpose AI models took effect in August 2025, according to the European Commission. They bind the model provider, not you, but they give you two things to ask for at your next review: the provider's public summary of training content (the Commission published the template for it) and, for the largest models, how the provider assesses systemic risk. Keep that file next to the DPA. For training-data disclosure under California law, see the California AB 2013 training data transparency guide.

References

• Anthropic: Data Processing Addendum
• OpenAI: Data Processing Addendum and Enterprise privacy
• Microsoft: Products and Services Data Protection Addendum
• Google Cloud: Cloud Data Processing Addendum
• Mistral: Data Processing Addendum
• Notion: Data Processing Addendum and subprocessor list
• Zoom: Global Data Processing Addendum and subprocessors
• Grammarly (Superhuman): Data Privacy Addendum, subprocessors and Product Improvement and Training control
• DeepSeek: Privacy Policy
• European Commission: Standard Contractual Clauses
• Related: Privacy-first AI APIs for GDPR compliance
• Related: AI tool register template

Correction (October 13, 2026): An earlier version said OpenAI direct has no EU data residency and that only ChatGPT Team and Enterprise customers have a DPA backing OpenAI's no-training commitment. OpenAI offers European residency for eligible API projects and new Enterprise and Edu workspaces, and API customers can sign its DPA too.

Correction (October 14, 2026): Earlier versions said Mistral's API, Cohere and Cursor's individual plans don't train on your data; all three can, unless the setting is changed. They also said GitHub Copilot Business has no EU residency option, listed Replicate and Together AI as offering self-serve DPAs, and described "2026 DPA changes" (OpenAI zero retention, a Claude.ai for Business launch, a Workspace DPA change, GitHub AI Act terms) that we couldn't confirm. Those rows and claims have been corrected or removed, and the EU AI Act section now uses the Commission's August 2025 start date for general-purpose model rules.

Correction (October 15, 2026): The ChatGPT Business row said EU data residency isn't available on that plan. OpenAI says Business residency is rolling out gradually: the storage region is chosen at checkout, and safety and abuse-monitoring data stays in the United States.

Correction (October 16, 2026): The DeepSeek API row said the training opt-out also works by email to [email protected]. That email right comes from DeepSeek's privacy policy, which section 5.5 of the API terms limits to the account holder's own personal information; your end users' data in an app built on the API falls under your own privacy policy.

Correction (October 24, 2026): The unpaid Gemini API / AI Studio row said Google uses that content to improve its products without the exception in Google's terms: for users in the European Economic Area, Switzerland, and the UK, the paid-service data terms apply to AI Studio and the unpaid quota too.

Related Reading

• OpenAI Enterprise Privacy: What trust.openai.com Actually Covers (2026 Guide)

• Privacy-first AI APIs, which don't train on your data

• Anthropic vs OpenAI GDPR compliance compared

• California AB 2013 AI training data transparency compliance

• AI tool register template

• AI vendor due diligence checklist

• ChatGPT Team vs Enterprise compliance differences

• AI governance guide for small teams

• AI agent persistent memory GDPR compliance 2026

• Notion AI vs Microsoft 365 Copilot: Compliance for Small Teams

• Best AI Tools for Small Teams: Compliance and Governance Ratings (2026)

• Character.AI Bankruptcy: What Happens to Chats and User Data