Guide · Compliance

AI, GDPR and the AI Act: what a company should review before using artificial intelligence

Before using AI, a company should take an inventory of the systems it uses, classify their risk level under the EU AI Act, review personal data processing under GDPR, tell users when they are interacting with an AI, sign contracts with providers and train its staff. This content is informational and does not replace legal advice.

By Oliver Guirado · Updated on October 28, 2026 · 4 min read

Five compliance review steps before using artificial intelligence: inventory uses, classify risk, review personal data, ensure transparency and oversight, and review providers

Important notice

This guide summarises general concepts to help you ask the right questions. It is not legal advice and the regulation is being phased in (with guidance and deadlines that are updated): verify the current status and consult your legal adviser or your data protection officer before deciding.

The two main regulations

GDPR

Regulates the processing of personal data: legal basis, minimisation, transparency, people's rights, security and limits on automated decisions. It applies whenever the AI processes personal data.

EU AI Act

Regulates AI systems according to their risk: prohibited practices, high-risk systems with strict requirements, transparency obligations and free use for minimal risk. It applies gradually.

Sector-specific rules (healthcare, finance, insurance), labour, intellectual property and information security rules may also apply.

Risk levels in the AI Act

LevelWhat it impliesExamples
Prohibited practicesCannot be usedHarmful subliminal manipulation, social scoring, certain uses of biometrics
High riskRequirements for risk management, data, documentation, human oversight and loggingRecruitment and staff evaluation, creditworthiness, some uses in health, education and insurance
TransparencyInform that one is interacting with an AI and about generated contentChatbots, synthetic content
Minimal riskNo specific obligations, good practicesSpam filters, internal documentation assistants

Most common business uses (chatbots, assistants over documents, automations) fall under transparency or minimal risk; it pays to check sector by sector, as we explain in AI for HR or AI for healthcare.

Review checklist for a company

  1. Inventory: list all AI tools and systems (including those employees use on their own), their purpose, data and provider.
  2. Risk classification: check whether any use affects employment, credit, health, education or other sensitive areas.
  3. Personal data: legal basis, minimisation, information to data subjects, record of processing activities and, if the risk is high, an impact assessment.
  4. Automated decisions: ensure human intervention and the possibility of challenge where there are significant effects on people.
  5. Transparency: tell the user they are talking to an AI and offer human contact.
  6. Providers: data processing agreements, data location, use for training, security and sub-processors.
  7. People: training in the use of AI for those who use it and a usage policy (which data is not entered and when to review the output).
  8. Security and logging: minimum access, traceability of decisions and periodic quality evaluation.

How we approach it in projects

  • We include the regulatory risk analysis in the design, not at the end.
  • We apply minimum permissions, data minimisation and activity logging by default.
  • We prepare technical documentation (what the system does, with what data, how it is evaluated) that is useful for your legal adviser.
  • We can deploy models in the EU or on your infrastructure when the data requires it.

If you need to put order into the use of AI in your company, AI consulting includes an inventory and usage policy, and the guide to implementation in a small business places compliance within the plan.

Frequently asked questions

What is the AI Act?

It is the EU regulation on artificial intelligence, which regulates AI systems according to their risk level: it prohibits some practices, imposes requirements on high-risk systems and sets transparency obligations for others, such as chatbots.

Does a company chatbot have to say it is an AI?

Yes, as a general rule the user must be told they are interacting with an AI system, unless it is obvious from the context. It is also good practice to offer human contact.

Can I use customers' personal data with AI?

Yes, if you comply with GDPR: legal basis, information to data subjects, minimisation, security, contracts with providers and, when the risk is high, an impact assessment.

Which AI uses are high risk?

Among others, those related to employment and staff recruitment, creditworthiness assessment, education, access to essential services and some uses in health or insurance. The current list in the Regulation must be reviewed with an adviser.

Do I need an AI usage policy for my employees?

It is highly recommended: it defines which tools are approved, which data cannot be entered and when the output must be reviewed. It also helps meet training and security obligations.

Shall we talk about your project?

Tell us about your case and we will reply within 24-48 hours with a proposed scope and an indicative quote.

Request a quote

Tell us about your project

Describe what you want to achieve and which systems you work with. We reply within 24-48 hours.

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