Google Gemini and GDPR / AI Act: the guide for your business

Overview and data processed

Gemini is Google's family of generative AI models, available as a consumer assistant (gemini.google.com) and integrated into Google Workspace (Gmail, Docs, Sheets, Meet). As with Copilot, only the enterprise offering (Workspace) provides the appropriate contractual framework.

Gemini processes the content of prompts, Workspace documents/data used, responses and technical data. In Workspace, these data are covered by your contract and are not used to train generic models. In the consumer version, some conversations may be retained, reviewed and used to improve the service.

The risks for your business

Risk no. 1 is using the consumer version with business data (possible human review, retention). Then come access governance in Workspace and transfers outside the EU.

Main GDPR risks:

• Consumer version: absent legal basis and problematic human review for third-party data.
• Transfer outside the EU: Google is subject to the CLOUD Act; check data residency.
• Workspace access governance (overly broad sharing).
• Information and data subjects' rights.

GDPR obligations

1. Use Gemini via Google Workspace with the DPA and, if necessary, EU residency options.
2. Prohibit the consumer version for business data.
3. Enter in the record of processing activities and carry out a DPIA if high risk.
4. Audit sharing and access rights.
5. Inform data subjects; involve the DPO.

AI Act obligations and cyber risks

Gemini is a GPAI (provider obligations since 2 August 2025). Deployer: transparency (Article 50), human oversight, AI literacy. Decision-making use (HR, scoring) may escalate to high risk (Annex III).

Cyber risks: leakage via the consumer version; prompt injection via ingested content (emails, docs); over-sharing in Workspace; shadow AI. Vectors to integrate for NIS 2 entities.

Best practices and checklist

Standardise on Gemini for Workspace, block the consumer version at work. Leverage the DPA and EU data residency. Access governance project before activation. AI charter, training, AI lead, record of processing activities.

• ☐ Gemini used via Google Workspace; Google DPA in force
• ☐ EU data residency if available
• ☐ Consumer version blocked for business use
• ☐ Audit of sharing; use in record of processing activities; DPIA if high risk
• ☐ Art. 50 transparency; teams trained; DPO involved

Sanctions, conclusion and recommendations

Sanctions (cumulative): GDPR up to €20 m or 4% of global turnover; AI Act up to €35 m or 7% (prohibited practices) / €15 m or 3% (other infringements).

Recommendation: Gemini is compliance-compatible in its Workspace version, provided you ban the consumer version for business data and control sharing. The consumer/enterprise boundary is your main point of vigilance. Compare with ChatGPT, Copilot and the sovereign alternative Mistral.