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Can we send personal data to a US AI? International data transfers under GDPR

GDPR and AILast updated 3 min read

Short answer

Yes, but only on a legal basis. If the US AI provider has signed up to the EU-US Data Privacy Framework (the Commission's decision of July 2023), the transfer can rely on that. Otherwise, use standard contractual clauses together with a transfer impact assessment. The EU General Court upheld the Data Privacy Framework in September 2025, but the ruling has been appealed to the Court of Justice. The safest route is to keep the real names in the EU: pseudonymise before data is sent, and keep the key yourselves.

Three routes

Route What it takes Risk
Data Privacy Framework The provider is on the Data Privacy Framework list Depends on the case at the Court of Justice
Standard contractual clauses An agreement and a transfer impact assessment Takes work and documentation
Names stay in the EU Pseudonymisation in the EU before the AI Lowest – but still personal data for you

How GoalCube keeps names in the EU

GoalCube Data VaultFictitious data
Dataset
Show
Your dataStays in the EU with GoalCube
CustomerEmailLocationTopic
Sarah Murphysarah.murphy@example.comCorkRefund
Daniel Kellydaniel.kelly@example.comGalwayDelivery
Claire Walshclaire.walsh@example.comLimerickComplaint
Thomas Camillerithomas.camilleri@example.comSliemaDelivery
Emma Byrneemma.byrne@example.comDublinRefund

Enquiry Hi, my name is Sarah Murphy and I returned order 7012345678 two weeks ago, but I still haven't received my money. Please transfer it to IE29 AIBK 9311 5212 3456 78. Kind regards, Sarah

What the AI seesIn ChatGPT, Claude or Copilot
CustomerEmailLocationTopic
[PERSON_1][EMAIL_1][STED]Refund
[PERSON_2][EMAIL_2][STED]Delivery
[PERSON_3][EMAIL_3][STED]Complaint
[PERSON_4][EMAIL_4][STED]Delivery
[PERSON_5][EMAIL_5][STED]Refund

Enquiry Hi, my name is [PERSON_1] and I returned order [ID_1] two weeks ago, but I still haven't received my money. Please transfer it to [IBAN_1]. Kind regards, [PERSON_1]

Task for the AI: Find the most urgent cases and suggest a reply.
The answer in GoalCubeNames filled back in, only on your side

Sarah Murphy and Emma Byrne are waiting for a refund and should get a reply today. Thomas Camilleri has waited 10 days for a parcel. Suggested reply to Sarah Murphy: "Dear Sarah Murphy, thank you for your patience. Your money is on its way and will be in your account within 5 working days."

The AI’s answerPseudonyms only

[PERSON_1] and [PERSON_5] are waiting for a refund and should get a reply today. [PERSON_4] has waited 10 days for a parcel. Suggested reply to [PERSON_1]: "Dear [PERSON_1], thank you for your patience. Your money is on its way and will be in your account within 5 working days."

23 sensitive values hidden from the AINo real names left the EU
Your dataStays in the EU with GoalCube
CandidateBornID numberEmployerExperience
Louise Brennan1985-03-121234567TAShannon Timber Ltd12
Michael Doyle1992-11-022345678KBLiffey Logistics Ltd4
Maria Borg1988-06-210123488MGrand Harbour Metals Ltd9
David Fenech1979-01-300456779MValletta Pharma Ltd18

CV Louise Brennan has 12 years' experience in budgeting and monthly reporting at Shannon Timber Ltd. She implemented a new ERP system and leads a team of three. Contact: louise.brennan@example.com.

What the AI seesIn ChatGPT, Claude or Copilot
CandidateBornID numberEmployerExperience
[PERSON_1]40–49 years[ID_1][VIRKSOMHED_1]12
[PERSON_2]30–39 years[ID_2][VIRKSOMHED_2]4
[PERSON_3]30–39 years[ID_3][VIRKSOMHED_3]9
[PERSON_4]40–49 years[ID_4][VIRKSOMHED_4]18

CV [PERSON_1] has 12 years' experience in budgeting and monthly reporting at [VIRKSOMHED_1]. The person implemented a new ERP system and leads a team of three. Contact: [EMAIL_1].

Task for the AI: Assess the candidates against the job advert.
The answer in GoalCubeNames filled back in, only on your side

Louise Brennan and Maria Borg have more than 5 years' experience and should be invited to interview; ask Maria Borg about experience with ERP systems. Michael Doyle has 4 years' experience; the requirement is 5. A person makes the decision.

The AI’s answerPseudonyms only

[PERSON_1] and [PERSON_3] have more than 5 years' experience and should be invited to interview; ask [PERSON_3] about experience with ERP systems. [PERSON_2] has 4 years' experience; the requirement is 5. A person makes the decision.

20 sensitive values hidden from the AINo real names left the EU
Your dataStays in the EU with GoalCube
SupplierContactAccountExpires
Atlantic Components LtdPeter WalshIE64 IRCE 9205 0112 3456 782027-01-31
Malta Data Hosting LtdAnna GrechMT84 MALT 0110 0001 2345 MTLC AST0 01S2026-12-31
Midlands Precision LtdSimon NolanIE12 BOFI 9000 0112 3456 782028-06-30
Celtic Packaging LtdNicole RyanIE02 AIBK 9310 6512 9876 542027-03-31

Terms Atlantic Components supplies specialist components for Project Skellig. The price is adjusted annually by the consumer price index plus 3%. Liability is capped at 10% of the annual contract value. Contact Peter Walsh about any changes.

What the AI seesIn ChatGPT, Claude or Copilot
SupplierContactAccountExpires
[VIRKSOMHED_1][PERSON_1][IBAN_1]2027-01-31
[VIRKSOMHED_2][PERSON_2][IBAN_2]2026-12-31
[VIRKSOMHED_3][PERSON_3][IBAN_3]2028-06-30
[VIRKSOMHED_4][PERSON_4][IBAN_4]2027-03-31

Terms [VIRKSOMHED_1] supplies specialist components for [PROJEKT_1]. The price is adjusted annually by the consumer price index plus 3%. Liability is capped at 10% of the annual contract value. Contact [PERSON_1] about any changes.

Task for the AI: Find contracts that should be terminated or renegotiated.
The answer in GoalCubeNames filled back in, only on your side

Atlantic Components Ltd renews automatically unless it is terminated by 31 October. It is important for an internal project, so renegotiate the price rather than terminate. Celtic Packaging Ltd also renews automatically; the deadline is 31 December.

The AI’s answerPseudonyms only

[VIRKSOMHED_1] renews automatically unless it is terminated by 31 October. It is important for an internal project, so renegotiate the price rather than terminate. [VIRKSOMHED_4] also renews automatically; the deadline is 31 December.

21 sensitive values hidden from the AINo real names left the EU

Fictional data. On the left, what stays in the EU; on the right, what the AI in the US sees.

The AI in the US sees [PERSON_1], not Sarah Murphy. The key is held by GoalCube in the EU, and the names are only put back into the answer on your side.

What to do

  1. Find out where the data is processed.Check the provider's agreement and your plan.
  2. Check the legal basis.Data Privacy Framework participation or standard contractual clauses.
  3. Send as little as possible.Names, emails and ID numbers are rarely needed.
  4. Keep the key in the EU.With pseudonymisation in the EU, the real names never leave the EU.
  5. Have a plan B.If the Data Privacy Framework falls, you need to be able to carry on.

What the law says

Articles 44–49 GDPR – transfers to third countries
Transfers only with an adequacy decision, appropriate safeguards or a derogation.
Decision (EU) 2023/1795 – EU-US Data Privacy Framework
Adequacy decision for participating US companies, from 10 July 2023.
Decision (EU) 2021/914 – standard contractual clauses
Standard clauses for transfers to third countries.

Questions and answers

Is the Data Privacy Framework still valid?

Yes, as of October 2026. The EU General Court dismissed a challenge in September 2025, but the ruling has been appealed to the Court of Justice (Case C-703/25 P). Keep an eye on it, and have a plan B.

Is it a transfer if the AI only sees pseudonyms?

Pseudonymised data is still personal data for you, so the rules apply. But the risk to the people concerned is far lower when the real names and the key stay in the EU.

What about Microsoft's EU Data Boundary?

It keeps most data in the EU, but check the exceptions, such as flex routing for Copilot.

Sources

Written by The GoalCube editorial team. Last updated 11 October 2026. GoalCube helps you follow the EU AI Act and GDPR. It is not legal advice.

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