1. The Hidden Dangers of Opt-Out and Implied Consent in Data Harvesting

Risk: Steep Fines for Inadequate Consent on Personal Data Processing

When you register for the ChatGPT platform, the system is configured by default to harvest data from your conversations to enhance its algorithms. This setup shifts the burden onto you to actively opt out, a tactic that flies in the face of GDPR guidelines.
According to Articles 7.2 and 4(11) of the GDPR, genuine consent must be a “free, specific, informed, and unambiguous indication of the data subject’s wishes” — a bar that opt-out strategies woefully fail to clear.
Article 4.11 EU GDPR‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; [2]

Better Practices: Embrace an Explicit Opt-In Model for User Autonomy

The platform ought to be upfront with users about its data collection protocols, offering them the liberty to choose whether their conversational data will be included in the dataset or not. Transitioning to an explicit opt-in model would bring the platform into greater harmony with GDPR requirements, which stipulate that consent must be free, specific, informed, and unambiguous.
From a design standpoint, adopting an explicit opt-in model is more than just a legal obligation — it’s a cornerstone of a positive user experience. Users deserve to know, in no uncertain terms and plain language, what data is being gathered and for what purposes. A well-crafted consent form can make this process transparent and user-friendly, effectively ticking the boxes for both GDPR compliance and sound design principles.