AI phone assistants are becoming increasingly popular – but many companies wonder: Is this even GDPR compliant? Can an AI conduct and record phone calls? The good news: Yes, it's possible – if you follow some important rules.
This article does not replace legal advice. For specific questions, please consult your data protection officer or a specialized lawyer.
Why is GDPR so important for AI phone assistants?
Phone calls contain personal data: names, phone numbers, sometimes sensitive information like health data (for medical practices) or financial details. GDPR regulates how this data may be processed.
The 5 Pillars of GDPR Compliance in AI Telephony
1. Server Location: EU vs. USA
The most important point: Where is the data processed? After the Schrems II ruling, transferring personal data to the USA is problematic. Many AI providers use US servers (OpenAI, Google, Amazon).
Choose a provider with servers in Germany or the EU. bhomy hosts all data in Frankfurt am Main – 100% GDPR compliant.
2. Data Processing Agreement (DPA)
A DPA is mandatory under Art. 28 GDPR when an external service provider processes personal data on your behalf. The provider must offer and sign a DPA.
3. Transparency & Information
Callers must know that they are speaking with an AI. This follows from the GDPR's transparency requirement and the upcoming AI Act. A clear announcement at the beginning of the conversation is recommended.
"Hello, you are speaking with the virtual assistant of [Company Name]. This conversation is processed for quality assurance. How can I help you?"
4. Legal Basis for Processing
For processing personal data, you need a legal basis under Art. 6 GDPR. For business calls, "legitimate interest" (Art. 6(1)(f)) or contract fulfillment (Art. 6(1)(b)) usually applies.
5. Data Storage & Deletion Concept
Data may only be stored as long as necessary for the purpose. Define clear deletion deadlines and document them.
Checklist: GDPR-Compliant AI Phone Assistant
How bhomy Ensures GDPR Compliance
bhomy was developed from the start for the German market. We take data protection seriously and have integrated GDPR compliance into our DNA.
Frequently Asked Questions about GDPR & AI Telephony
GDPR-Compliant AI Phone Assistant
bhomy – Made in Germany, 100% GDPR compliant, servers in Frankfurt. Request a demo now.
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