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GDPR and artificial intelligence in business: an action plan for DPOs, legal teams and executives

AI tools often process personal data: user inputs, customer documents, HR data. KIND helps you link each use to its processing activities, legal basis and GDPR and AI Act obligations, so you regain control of the data used by your tools.

✓ For DPOs, legal counsel and compliance leads ✓ Processing, vendors, transfers, DPIA ✓ How the GDPR and the AI Act fit together
How they fit

Two texts, one working basis

The GDPR protects personal data, the AI Act regulates AI systems according to their risk level. In practice, both converge on the same elements: the purpose of the use, the data processed, the vendor, human oversight and evidence of decisions. Handling them together avoids documenting the same choices twice.

Checkpoints

Seven points to review for each use of AI

  1. Purpose and legal basis: why the data is processed and on what grounds.
  2. Minimisation: which data is really needed, and which must never enter the tool.
  3. Information to individuals: notices, transparency, exercise of rights.
  4. Vendors and processors: contract, each party's role, use of data to train models.
  5. Transfers outside the European Union: hosting location and safeguards.
  6. Impact assessment: DPIA when risk is high, and the AI Act fundamental rights impact assessment where applicable.
  7. Human oversight and automated decisions: who reviews, who can challenge, how it is recorded.
Roles

Who does what in your organisation

DPO and legal

Qualify and document

Link each use of AI to the record of processing activities, carry out the DPIA, check contracts and transfers. KIND provides the mapping and the technical elements to do so.

Executives, IT and business teams

Decide and apply

Arbitrate uses, roll out clear rules, train teams. KIND helps you turn obligations into an operational action plan.

Roadmap

How KIND supports you

  1. Map AI uses and the data involved: AI mapping.
  2. Evaluate systems and vendors with KIND's experts: KIND Compliance.
  3. Train DPOs, legal teams and staff: AI compliance: AI Act and GDPR (in French).
  4. Frame governance: AI governance for SMEs and mid-caps.
FAQ

GDPR and AI: frequently asked questions

Does the GDPR apply to generative AI tools?

Yes, as soon as personal data is processed: user inputs, imported documents, training or fine-tuning data. The company must identify its legal basis, inform individuals, limit data and supervise the vendor.

Is a DPIA needed for an AI project?

A data protection impact assessment (DPIA) is required when processing is likely to result in a high risk to individuals' rights and freedoms. Many AI projects fall under it. The CNIL publishes recommendations on the subject (in French).

What is the difference between a DPIA and a fundamental rights impact assessment?

The DPIA comes from the GDPR. The fundamental rights impact assessment is provided for by Article 27 of the AI Act for certain deployers of high-risk systems. Both can rely on the same starting elements.

What should we check with an AI vendor?

Hosting and any transfers outside the European Union, the data processing agreement, whether data is used to train models, retention periods, security measures and the ability to exercise individuals' rights.

Can a decision made by AI be challenged?

The GDPR regulates decisions based solely on automated processing when they produce legal or similarly significant effects. Individuals have specific rights, and real human intervention must be possible.

Look at your AI uses through the GDPR lens

A conversation lets us frame your uses, vendors and priorities, with no commitment on your side.