GDPR and Chatbots: What You Need to Know
Since GDPR came into force in 2018, every technology that processes personal data must meet strict requirements. Chatbots are no exception – they regularly collect names, email addresses, phone numbers, and conversation content.
The good news: GDPR compliance for chatbots is entirely achievable. Here's everything you need to know.
What Personal Data Do Chatbots Process?
Chatbots typically process:
- Direct identifiers: name, email, phone number
- Indirect identifiers: IP address, browser/device info
- Conversation content: questions, complaints, preferences
- Behavioral data: frequency of use, typical queries
Key GDPR Principles for Chatbots
1. Lawful Basis for Processing
You must have a legal basis for processing personal data. For chatbots, this is typically:
- Legitimate interest – handling a customer's service query
- Consent – collecting email for marketing follow-ups
- Contract performance – processing an order
2. Transparency (Privacy Notice)
Users must know:
- What data you collect
- Why you collect it
- How long you store it
- Whether you share it with third parties
Practical approach: Add a short notice at the start of the chat:
> "This chat may collect your name and email to help you. View our [Privacy Policy]."
3. Data Minimization
Collect only what you actually need. If you're answering FAQ questions, you don't need the user's name. Ask for contact details only when necessary for follow-up.
4. Data Retention Limits
Define and enforce retention periods:
- Chat transcripts: 6–12 months (typical)
- Contact details: until the purpose is fulfilled + reasonable period
- Analytics data: typically 24 months (often anonymized)
5. User Rights
GDPR grants users rights you must be able to fulfill:
- Access – provide a copy of their data on request
- Erasure ("right to be forgotten") – delete their data on request
- Rectification – correct inaccurate data
- Portability – export their data in a common format
Consent for Marketing
If your chatbot collects contact details for marketing (e.g., newsletter sign-ups), you need explicit, freely given consent:
✅ "Yes, I agree to receive marketing emails from [Company]" (unchecked checkbox, user must actively check it)
❌ "By using this chat you agree to receive our newsletter" (pre-ticked, buried in terms)
Data Transfers Outside the EU
If your chatbot provider uses servers or sub-processors outside the EU/EEA, appropriate safeguards must be in place (adequacy decision, Standard Contractual Clauses).
SiteBot24: All data is processed on EU-based infrastructure. Our Data Processing Agreement (DPA) is available upon request.
Practical GDPR Checklist for Your Chatbot
- [ ] Privacy notice visible in the chat widget
- [ ] Link to full Privacy Policy accessible
- [ ] Clear retention periods defined and enforced
- [ ] Process in place to handle data subject requests
- [ ] Consent mechanism for marketing communications (if applicable)
- [ ] DPA signed with your chatbot provider
- [ ] Only data you actually need is collected (data minimization)
- [ ] Security measures in place (encryption, access controls)
Common Mistakes and How to Avoid Them
Mistake: Storing chat transcripts indefinitely
Fix: Implement automatic deletion after your defined retention period
Mistake: No way for users to request data deletion
Fix: Add a "Delete my data" option or clear instructions in your Privacy Policy
Mistake: Using chatbot provider with no DPA
Fix: Any provider processing personal data on your behalf must sign a DPA
Mistake: Collecting email in chatbot and adding to newsletter without consent
Fix: Explicit opt-in required; purpose of collection must be stated
Is Your Chatbot GDPR Compliant?
The key question isn't whether you have a chatbot – it's whether you've documented your data flows, obtained appropriate consent, and have processes in place for user rights requests.
SiteBot24 is designed with privacy in mind:
- EU data hosting
- Configurable data retention
- DPA available for business customers
- Minimal data collection by default
Consult your legal advisor for specific compliance requirements in your jurisdiction.