Compliance CN

Data Compliance and Privacy

AI data problems are not a privacy-policy edit. Training-data provenance, multi-party flows through aggregated APIs, memorised personal data resurfacing in outputs — each needs a mechanism, not a sentence.

The difference is not the volume of data — it is that the data does something

Traditional internet compliance asks what you collected and whether you said so. An AI product asks harder questions: where the training data came from and whether you may use it; what happens to personal data when a request passes through an aggregator, a model provider and an inference service; whether the model will reproduce personal information it saw in training.

None of these is resolved by rewriting a privacy policy. They are resolved by mapping the data path, assigning a lawful basis at each hop, and building records that survive a technical review. Regulators have moved from principle-based guidance to mechanism-based examination: the question is no longer whether you have a policy, but whether your described processing matches what the system does.

What we do


What is different for an AI company

Typical situations

Situation 1: The policy says no sharing, the architecture shares

The privacy policy states that personal data is not provided to third parties. In practice each request is forwarded to an upstream model API. That is a provision to a third party, and it requires its own basis and disclosure. The gap between the document and the system is the finding.

Our approach: rewrite the notice from the data map rather than from the previous template, and then change whichever of the two is wrong. In most cases both need work: the disclosure is inaccurate, and the consent architecture does not support the flow it now describes.

Users consent to the privacy policy at registration. Sensitive personal information, however, needs separate consent; automated decision-making needs a transparency notice and an opt-out; and withdrawal must actually stop processing. A single checkbox covers none of these.

Our approach: build consent as a set of purpose-specific records with a verifiable trail — what was shown, when, for which purpose, and what happened on withdrawal — so that the answer to a regulator’s question is a log entry, not an assurance.

Situation 3: Aggregated APIs, and nobody owns the middle of the chain

The platform calls provider A, which routes to provider B. The user’s data crosses three entities. Who is controller, who is processor, what basis applies at each hop, and where are the records? This is the least examined area in AI SaaS, and the one most likely to be examined.

Our approach: document the chain end to end, allocate roles contractually rather than by assumption, and require each counterpart to evidence its own security measures. Where a hop cannot be documented, the architecture is the problem, and it is cheaper to change the architecture than to defend the gap.


Process and deliverables

StageWorkDeliverables
1Data asset mapping and risk identificationData map + risk register
2Policy and consent architectureRevised policy set + consent flow design
3Agreements and third-party managementDPA pack + counterpart assessment
4PIA and cross-border mechanism where triggeredPIA report + transfer filing package
OngoingRelease-by-release compliance reviewChange impact notes + updated records

AI-specific deliverables

Frequently asked

Do we need a PIA for a product that only uses an upstream model API? Usually yes. Entrustment processing, third-party provision and automated decision-making each trigger an assessment, and calling an upstream API typically involves at least one of the three. The assessment is short if the architecture is clean; it is where the architecture gets fixed if it is not.

Is training on user content permitted? Only with a basis that covers it. Consent obtained for “providing the service” does not extend to model training. Training use must be disclosed, separately grounded, and — where personal information is involved — supported by de-identification and purpose limitation. An opt-out path is the practical minimum.

Can the model reproduce personal data it was trained on? It can, which is why memorisation is a compliance issue and not only a technical one. Mitigation combines data minimisation at ingestion, de-identification, output filtering, and a documented response process for individual rights requests that reach generated content.

When does cross-border transfer require a filing? Depends on volume and sensitivity under the current thresholds. Three mechanisms exist — security assessment, certification, and standard contract filing — and the threshold rules determine which applies. The mistake to avoid is designing the transfer first and choosing the mechanism afterwards.


Related Case Studies

All cases →

Each case states the obligation triggered, the judgment we made, and what was delivered.

Further Reading

Rule changes, enforcement cases and practical judgments around this service, listed in publication order.

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