Legal

GDPR and licensing company data for AI training

If your files include people in the EU or UK, reuse for AI training needs its own legal footing.

Updated October 13, 20263 min readSources linked
Not legal adviceThis is general education, current as of October 2026. Rules depend on your contracts, industry and location. Have qualified counsel review any data licensing deal.

Purpose limitation

GDPR Article 5(1)(b) says personal data must be collected for specified purposes and not further processed in an incompatible way. Licensing it for AI training is a new purpose.

The compatibility test

Article 6(4) weighs the link between the original and new purpose, the context and relationship with the person, the nature of the data, the consequences for them, and safeguards like pseudonymisation.

EDPB Opinion 28/2024

The European Data Protection Board said whether a trained model is anonymous is decided case by case, and that legitimate interest can be a lawful basis under a three-step test, depending on people's reasonable expectations (Hunton summary).

Practical steps

  • Exclude EU/UK personal data where you can.
  • Otherwise, anonymize it fully, or document a compatibility assessment and legitimate-interest balancing test.
  • Check cross-border transfer rules if the buyer is outside the EU/UK.

Most current US programs prioritize US companies with English-language data, so many DataPaid applicants can sidestep this by excluding EU records.

Frequently asked questions

Can I license EU personal data for AI training?

Only with a lawful basis and a compatible purpose under GDPR, or after true anonymization. Many companies simply exclude EU/UK personal data.

What is EDPB Opinion 28/2024?

A December 2024 opinion on AI models and personal data, covering when models are anonymous and when legitimate interest can justify training.

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