AI servicesGemini API and the GDPR: agreement, role and data location.
Gemini API is a ai services tool. Its role depends on the activity, it explains how to get its data processing agreement, and the data location depends on your account. Below: what to check and how to declare it.
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In short
- Category
- AI services
- Usual role
- Depends on the activity
- Data location
- Set per account or project
- Agreement
- Obtained through the vendor
What does Gemini API do with personal data?
Support business activities or client services using the provider’s API or services. That is how Privacyboard describes a typical use of Gemini API, as a starting point you can edit.
The data usually involved: documents & attachments, Prompts, outputs, any personal data included in API requests
Is Gemini API a processor or a controller?
only Gemini API Paid Services fall under Google's processor terms; free-tier use does not.
Privacyboard does not prefill a role for this vendor on purpose. You are asked to choose, since the answer changes what your privacy policy says and which agreement matters.
Where does Gemini API store personal data?
Gemini API does not have one fixed location for every customer. The location depends on the plan, the account and the services you enable.
How to find yours: Check your account settings, the address you log in to, or the provider’s data processing terms. Support can tell you if you cannot find it.
Even when the main location is in the EU, ask whether subprocessors or support access involve a transfer outside the EEA, and record it if so.
Which legal basis usually applies to Gemini API?
The legal basis for Gemini API depends on what goes through it. The legal basis depends on what you send to the provider and why. Use the basis of the activity the AI supports in your register.
This is a starting point, not legal advice: the basis belongs to your activity, and you confirm it in your register.
Does Gemini API have a data processing agreement?
Checked on 5 November 2026. Vendors change their pages, so check the date.
Gemini API does not publish the full text of its data processing agreement on a public page. The reference page explains how a customer gets or signs it, usually from inside the account. Article 28 of the GDPR still requires a written contract, so get it and keep a copy.
What we noted when we opened the page: Google data protection terms service list (updated 27 Apr 2026) placing Gemini API Paid Services under Google's Data Processing Addendum (processor terms). Unpaid Gemini API use is not listed. No hosting location stated.
A page that exists does not mean you are covered. Whether the agreement applies to you depends on your plan and on what you accepted, so record the decision yourself in your vendor list.
Open the Gemini API reference pageHow to declare Gemini API
- 1
In your privacy policy
Name Gemini API as a recipient, say what it is used for (support business activities or client services using the provider’s API or services) and mention any transfer outside the EEA. Articles 13 and 14 ask you to tell people who receives their data.
- 2
In your vendor list
Add Gemini API with its purpose, the data involved, its role, its region and a link to the agreement. Privacyboard prefills all of this, you confirm or correct it.
- 3
In your processing register
Link Gemini API to the activities that use it, so each record shows its recipients. Article 30 asks the register to list the categories of recipients.
What to check before relying on Gemini API
- Decide what personal data may be sent in prompts, and block the rest.
- Check whether inputs are retained or used for training under your plan.
- Record the provider and the purpose in your privacy policy.
- Check for automated decisions about people, which carry extra duties under Article 22.
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Questions, answered.
Is Gemini API GDPR compliant?
Privacyboard does not certify vendors. Compliance depends on how Gemini API is configured and used, on the agreement you have with it and on your own practices. What can be checked is documented here: it explains how to get a data processing agreement, the usual role and the data location. Read the agreement itself before relying on it.
Does Gemini API have a DPA?
Gemini API does not publish the full text of its data processing agreement on a public page. The reference page explains how a customer gets or signs it, usually from inside the account. Article 28 of the GDPR still requires a written contract, so get it and keep a copy. The reference page is https://business.safety.google/services/.
Is Gemini API a data processor?
It depends on the activity. only Gemini API Paid Services fall under Google's processor terms; free-tier use does not.
Which legal basis applies when I use Gemini API?
The legal basis for Gemini API depends on what goes through it. The legal basis depends on what you send to the provider and why. Use the basis of the activity the AI supports in your register. This is a starting point, not legal advice: the basis belongs to your activity, and you confirm it in your register.
Where does Gemini API store data?
Gemini API does not have one fixed location for every customer. The location depends on the plan, the account and the services you enable. How to find yours: Check your account settings, the address you log in to, or the provider’s data processing terms. Support can tell you if you cannot find it.
Do I need to mention Gemini API in my privacy policy?
Yes, if Gemini API handles personal data for you. The GDPR asks you to tell people who receives their data (Articles 13 and 14). Name the vendor or its category, say what it is used for and mention any transfer outside the EEA.
How do I add Gemini API to my vendor list?
In Privacyboard, pick Gemini API from the catalog. The purpose, the data, the suggested role and a link to its agreement are prefilled, and you confirm each one. Creating a workspace is free.
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Privacyboard is not affiliated with Gemini API. Names and logos belong to their owners and are used only to identify the tool. This page summarises public documents as checked on 1 November 2026; it is guidance, not legal advice, and it does not certify any vendor.