GDPR and Chatbots: How to Collect Customer Data Legally

Legal guide to personal data protection in AI chatbots

📅 Feb 12, 2026
⏱ 8 min
Legal & GDPR

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:

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:

2. Transparency (Privacy Notice)

Users must know:

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:

5. User Rights

GDPR grants users rights you must be able to fulfill:

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

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:

Consult your legal advisor for specific compliance requirements in your jurisdiction.

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