GDPR Requirements for AI Agents
Records of Processing Activities
Every AI processing of personal data must be documented – purpose, scope, retention period.
Legal Basis
Every data processing operation requires a legal basis: consent, contract or legitimate interest.
Data Minimisation
AI agents may only process the data that is necessary for the specific purpose.
Transparency & Right of Access
Data subjects have the right to know how their data is processed by AI.
Right to Erasure
AI systems must be able to completely delete personal data on request.
No Automated Decision-Making
Art. 22 GDPR: Automated decisions with significant impact require human review.
Technical Solutions for GDPR Compliance
Local Data Storage
All personal data remains on your infrastructure in Germany/EU. No transfer to third countries.
Automatic Data Protection Log
NemoClaw automatically logs every data processing operation in the correct format for your supervisory authority.
Encryption at Rest & in Transit
AES-256 encryption for stored data, TLS 1.3 for all transmissions.
Automatic Deletion Schedules
Data is automatically deleted after the defined retention period expires.
GDPR Questions About AI Agents
May an AI agent process customer data?
Yes, if a legal basis exists (e.g. a data processing agreement) and the technical GDPR requirements are met. Wito AI helps you design a legally secure implementation.
Do I need a data protection officer for AI?
It depends on your company size and type of processing. We generally recommend involving your data protection officer in the AI implementation and we support that process.
What is the difference between GDPR and the EU AI Act?
The GDPR regulates data protection in general. The EU AI Act (from 2025) adds AI-specific requirements: risk classification, transparency obligations and prohibited AI practices.
Can ChatGPT be used in a GDPR-compliant way?
Only with significant effort and restrictions. OpenAI is a US company; data transfers to the US are complex. For corporate data we recommend local AI solutions.
What happens in the event of a GDPR breach by AI?
Fines of up to €20 million or 4% of global annual revenue. Additionally reputational damage and proceedings. With the right governance you minimise this risk to zero.