Can I Transfer EU Personal Data to a US AI Tool if It Says It’s “GDPR Compliant”?

No, you cannot rely on a US AI tool’s claim that it is “GDPR compliant” to justify transferring EU personal data to it. Under the GDPR, statements of compliance have no legal effect. Any transfer of personal data outside the EEA must meet the requirements, regardless of what the provider asserts in its marketing.

If the AI vendor is certified under the EU–US Data Privacy Framework, you may transfer data, but only after verifying that the company is actually listed on the official DPF registry. Certification is voluntary, so you cannot assume a provider participates. If the vendor is not DPF-certified, you will need to use the Standard Contractual Clauses and carry out a Transfer Impact Assessment to evaluate the risks associated with US surveillance laws and determine whether additional safeguards, such as strong encryption, are necessary.

The current situation is fluid, with the DPF under review before the Court of Justice and further challenges raising questions about its long-term stability. Regulators have already highlighted concerns and encouraged organisations to reassess transfer risks.

In short, a provider’s self-declared GDPR compliance is not a lawful basis for an international transfer; the burden is on your organisation to ensure a valid mechanism and appropriate protections are in place.