Can we send personal data to a US AI? International data transfers under GDPR
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
| Customer | Location | Topic | |
|---|---|---|---|
| Sarah Murphy | sarah.murphy@example.com | Cork | Refund |
| Daniel Kelly | daniel.kelly@example.com | Galway | Delivery |
| Claire Walsh | claire.walsh@example.com | Limerick | Complaint |
| Thomas Camilleri | thomas.camilleri@example.com | Sliema | Delivery |
| Emma Byrne | emma.byrne@example.com | Dublin | Refund |
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
| Customer | Location | Topic | |
|---|---|---|---|
| [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]
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."
[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."
| Candidate | Born | ID number | Employer | Experience |
|---|---|---|---|---|
| Louise Brennan | 1985-03-12 | 1234567TA | Shannon Timber Ltd | 12 |
| Michael Doyle | 1992-11-02 | 2345678KB | Liffey Logistics Ltd | 4 |
| Maria Borg | 1988-06-21 | 0123488M | Grand Harbour Metals Ltd | 9 |
| David Fenech | 1979-01-30 | 0456779M | Valletta Pharma Ltd | 18 |
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.
| Candidate | Born | ID number | Employer | Experience |
|---|---|---|---|---|
| [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].
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.
[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.
| Supplier | Contact | Account | Expires |
|---|---|---|---|
| Atlantic Components Ltd | Peter Walsh | IE64 IRCE 9205 0112 3456 78 | 2027-01-31 |
| Malta Data Hosting Ltd | Anna Grech | MT84 MALT 0110 0001 2345 MTLC AST0 01S | 2026-12-31 |
| Midlands Precision Ltd | Simon Nolan | IE12 BOFI 9000 0112 3456 78 | 2028-06-30 |
| Celtic Packaging Ltd | Nicole Ryan | IE02 AIBK 9310 6512 9876 54 | 2027-03-31 |
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.
| Supplier | Contact | Account | Expires |
|---|---|---|---|
| [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.
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.
[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.
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
- Find out where the data is processed.Check the provider's agreement and your plan.
- Check the legal basis.Data Privacy Framework participation or standard contractual clauses.
- Send as little as possible.Names, emails and ID numbers are rarely needed.
- Keep the key in the EU.With pseudonymisation in the EU, the real names never leave the EU.
- 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
- Decision (EU) 2023/1795 on EUR-Lex
- Data Privacy Framework: list of participating organisations
- European Data Protection Board (EDPB)
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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