Datenschutz & Souveränität
GDPR-compliant AI for businesses: The complete guide
Everything companies need to know about the data-compliant use of AI: legal foundations, the sovereignty problem, choosing the right platform, and the interplay with the EU AI Act — including references to the details.
Artificial intelligence has arrived in medium-sized businesses — but data protection often fails to keep pace. According toBitkom48% of companies cite data protection requirements as a central hurdle in the use of AI. This guide summarizes the key points and provides links to in-depth articles for each topic.
What GDPR-compliant AI really means
GDPR compliance is not a feature you simply add to a website, but an architectural decision. It comprises three levels: a clear legal basis for every processing activity, technical and organizational security measures, and the question of which legal jurisdiction the provider is actually subject to.
Legal basis at a glance
Every entry of personal data into an AI system constitutes a separate processing operation and requires a legal basis pursuant to Art. 6 GDPR (for employee data, usually § 26 BDSG); for special categories of data, Art. 9 is additionally required. If a company uses a cloud-based AI, this constitutes processing on behalf of a controller — aDPA pursuant to Art. 28 GDPRis mandatory. If data is transferred to third countries, Articles 44 et seq. additionally apply.
The core problem: data sovereignty
The most common mistake is equating server location with legal certainty. A US provider with an EU data center is still subject to the US CLOUD Act. Read the article to find out why an "EU region" alone does not provide protection and what role Schrems II and the Data Privacy Framework play."EU Region ≠ GDPR-compliant: the US CLOUD Act explained".
How to effectively use AI in a team
The biggest gap arises where employees use AI without authorization. This article shows how to provide ChatGPT and similar tools in a data-protection-compliant manner—using an AI policy, the correct plan, and training opt-outs.ChatGPT and data protection in the company.
Choosing the right platform
Whether a solution is truly data protection compliant depends on seven specific criteria — from the hosting location and the data processing agreement to certifications such as ISO 42001, BSI C5, and AIC4. You can find the complete checklist atGDPR-compliant AI: the 7 selection criteria.
The regulatory framework: the EU AI Act
In addition to the GDPR, the EU AI Act has been in effect since 2024. Both regulatory frameworks apply in parallel: anyone using AI with personal data must comply with both. Our [guide/overview] provides an easy-to-understand overview of risk classes, deadlines, and obligations.Guide to the EU AI Act.
Kasimir runs on its own infrastructure in Germany — German data center, German legal entity, no training on customer data. Data residency and data sovereignty from a single source.
Your quick checklist
Has the legal basis for each processing operation been clarified (Art. 6/9 GDPR)?
Has the data processing agreement (DPA) according to Art. 28 been fully completed?
Is the provider subject to EU law (no CLOUD Act risk)?
No training on your data — contractually and technically?
TOMs, multi-tenancy, is there a deletion concept in place?
AI competence of employees and usage rules (EU AI Act, Art. 4)?
Conclusion
GDPR-compliant AI is feasible — it begins with the choice of the right provider and the right infrastructure, not with retrospective securing. Those who consider data sovereignty from the start automatically fulfill most requirements.
Sources
GDPR-compliant AI from a real German data center
Kasimir runs on its own infrastructure in Germany — no detour via US providers, no CLOUD Act reach.
