The convergence of regulations
The enforcement of the European AI Act overlays new requirements onto the already complex foundation of the GDPR. Any use of AI processing personal or corporate data (such as generative AI in HR or customer support) becomes critical. The 'Privacy by Design' approach demands that data protection be integrated into the solution's architecture from the outset, not bolted on as an afterthought.
Why inaction is dangerous
Employees use tools like ChatGPT or Copilot daily, often pasting sensitive data (emails, contracts) into them. Without controls, this data can be used to train third-party models. This constitutes a data leak and unconsented processing, heavily punishable by data protection authorities.
Major friction points
- Data transfers: Does the AI tool process data outside your jurisdiction without an adequate agreement?
- Automated decisions: Does the AI make decisions impacting individuals (e.g., CV screening) without human oversight?
- Right to be forgotten: How do you delete personal data from a deep learning model once it's trained?
Governance Framework
To secure your deployments:
- 1Mapping and Contracts: Inventory all AI vendors (including Shadow IT). Ensure you sign a Data Processing Agreement (DPA) explicitly forbidding the use of your data for training public models.
- 2Impact Assessment (PIA): Conduct a specific Data Protection Impact Assessment for every AI project involving personal data.
- 3Ring-fenced environments: Prioritize AI deployments within your own cloud tenant (e.g., private Azure OpenAI) rather than using public web interfaces.
AI Compliance Checklist
- Have you disabled machine learning on user prompts in your enterprise tool settings?
- Are end-users clearly informed when they are interacting with an AI agent?
- Have you established a registry of AI systems used internally?
Inspark's Approach
We engineer secure AI infrastructures. From governance audits to the implementation of private models hosted in GDPR-compliant environments, we ensure that innovation never exposes your enterprise to regulatory risk.
Secure your data
Talk to our experts about a private, compliant AI architecture.
Sources & further reading
- European Data Protection Board (EDPB) Guidelines on AI
- CNIL - Plan d'action sur l'intelligence artificielle