© Pexels/Matheus Bertelli
As it attracts users and capital, OpenAI, the creator of ChatGPT, becomes more prominent. For example, an upcoming fundraising could make it the second largest “startup” in the United States, after SpaceX. And like most major tech players, OpenAI has decided to set up in Ireland. As a reminder, in September, it announced the opening of offices in Dublin.
“[…] we are strengthening our presence in Europe with our new office in Dublin, Ireland. We plan to grow a team this year in Ireland that will power our operations, trust and safety, go-to-market, security engineering and legal work as part of our ongoing commitment to better serve the European market” , OpenAI had written.
And recently, as reported by the TechCrunch site, OpenAI recently updated its policy to indicate that from February 15, 2024, the new Irish entity will become the controller and responsible for the processing of users' personal data of the EU, in the application of the GDPR or the General Data Protection Regulation (GDPR). If this maneuver does not allow OpenAI to escape European Union rules regarding the protection of personal data, it could nevertheless limit the risks.
OpenAI follows in the footsteps of tech giants
OpenAI intends to use a mechanism proposed by the EU called one-stop-shop or OSS which, according to TechCrunch's explanations, allows companies to put the processing of Europeans' data under the supervision of the regulator (the equivalent of the CNIL) of one of the Member States. And this limits the ability of other regulators to act, since the regulatory authorities of other member states must generally collaborate with the watchdog of the country chosen by the company.
En Ireland, the equivalent of the CNIL is the Irish Data Protection Commission (DPC). Questioned by TechCrunch, he confirmed that he is indeed in discussions with OpenAI for the creator of ChatGPT to obtain principal establishment status in Ireland.
S If it obtains this status, OpenAI would then follow in the footsteps of other major tech players, such as Apple, Google, Meta, TikTok or even X.
- After opening offices in Dublin in September, OpenAI wants to put itself under the supervision of the Irish CNIL, as part of the application of the GDPR
- For this, it intends to rely on an EU mechanism called one-stop-shop or OSS, which limits the risks for companies linked to regulatory constraints in Europe
- S' it obtains the status of main establishment in Ireland, OpenAI would then follow in the footsteps of many tech giants
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