OpenAI in Italy: Requirements and Demands

In the aftermath of ChatGPT's tremendous success, worldwide euphoria and curiosity were sparked, and speculations about its impact were not delayed for long. In some countries, however, skepticism prevailed, and suspension orders were issued. This week it was announced that, according to Italian data protection regulations, ChatGPT must adhere to their guidelines in order to operate within the country's borders.

It seems that the assurance from OpenAI's CEO Sam Altman that ChatGPS does not violate any privacy laws is not sufficient, and the Italian data protection authorities demand proof. Supported by the deadline of 30th April, OpenAI must be transparent and publish an information notice detailing its data processing. The company should implement age gates to prevent minors from accessing its technology and adopt robust measures to verify their age. Furthermore, OpenAI must clarify what legal basis it is using to process people's data, and it cannot rely on the performance of a contract as an explanation. The company must make sure that users can exercise their rights over their personal data by requesting corrections or deletions. OpenAI should also give users the option to object to the processing of their data for training algorithms. Finally, OpenAI must conduct a local awareness campaign to inform Italians about its data processing for training its AI.

Before signing up, users from Italy must receive and confirm that they are over 18 by presenting a notice. Additionally, users who registered before the DPA's stop-data-processing order must see the notice when they access the reactivated service and go through an age-gate to filter out underage users. The deadline for OpenAI to submit a plan for implementing age verification technology to filter out users below age 13, and users aged 13 to 18 who have not obtained parental consent, is May 31. September 30 is the deadline for implementing a more robust compliance system.

Certainly, there is light at the end of the tunnel for ChatGPT and its spread across Italy. However, it remains to be determined whether OpenAI will reach the end of the tunnel before the 30th of April.