A lot of companies are adding “AI features” that are powered by out-of-the-box models. Either the customer brings their own key or the company manages the connection. Where the company manages the connection to different models (out-of-the-box), it seems like the general position is to deem the providers of those models as subprocessors (if PII is involved). That seems right, but my brain keeps wanting to make this complicated…is it that simple? Please no judgement 🤣

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Think about them no differently than any other vendor. If you're a processor and you are sending your customers' (the controller) personal data (that is within scope of your DPA with them) to a third party, the third party is likely going to be a subprocessor, regardless of whether that third party is an AI model provider or not.

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yup

Yes, they are subprocessors. They only use the data at the instruction of the Controller or processor on behalf of C.

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Correct, but confirm what they’re doing with the data… if they’re using it to improve their model, you’re in (at minimum) a gray area

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