banConcluded

Italian Data Protection Authority (Garante) OpenAI (ChatGPT)

March 31, 2023 · Italy · Generative AI

Garante temporarily banned ChatGPT in Italy over: (1) no legal basis for processing personal data to train the model, (2) no age-verification despite obvious minor exposure, (3) inadequate transparency to users, and (4) a March 2023 data leak exposing other users' conversations. OpenAI restored service on 28 April 2023 after meeting Garante's interim requirements. Legal basis cited was GDPR — but the substance (training-data transparency, age-gating of a generative AI service, user-facing disclosure) is exactly what EU AI Act Articles 50 (transparency for generative AI) and 52 (deepfake labelling) now address.

Key takeaway — how to prevent this

Don't overstate AI capabilities to investors or customers. 'AI-washing' — claiming AI you don't have, or that doesn't work as described — triggers securities and consumer-protection enforcement; disclosures must match reality.

Inclusion does not imply wrongdoing or liability. Status reflects the latest information we have — always check the official source for current status.