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What German regulators warned about
Berlin’s data protection authority issued its warning on October 2, 2026, and Niedersachsen’s authority issued a similar statement on October 1. Both focused on the possibility that chatbot conversations could be used to personalize advertising. Niedersachsen’s commissioner, Denis Lehmkemper, said users often share very intimate thoughts with AI chatbots, including about health, moods, plans, relationships, and wellbeing. That is a translation of his German statement, not an official English version. Berlin’s warning and Niedersachsen’s statement describe the concern as a risk assessment, not an enforcement decision.
Berlin argued that people may use ChatGPT as a conversation partner across many areas of life, making its chat content potentially more revealing than ordinary browsing behavior or broad search terms. The authority also raised the possibility of inferring a user’s mood in real time. Those are Berlin’s concerns about what detailed profiling could enable, not proof that a particular profile or inference has been created.
Berlin’s release relayed an OpenAI study in which 49 percent of inputs were classified as questions. The release does not identify the study’s year or methods, so the figure should not be read as a representative estimate of all ChatGPT users. Berlin cited it to support the view that people may use ChatGPT for advice as well as task completion.
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How personalized and contextual ads differ
Berlin described two modes in the planned model. In its account, personalized ads would be opt-in and could use previous and current chats, device information, and usage data to tailor ads. For example, recipe conversations might lead to ads for meal kits or food delivery. Berlin said users who do not consent could still see contextual ads related to the current conversation, selected using more limited context and without creating or using a user profile. This is the authority’s description of the announced approach, not confirmation of its live availability in Germany. Berlin also said OpenAI relied on legitimate interests for processing personal data in the generic-ad mode; the authority’s release does not establish whether that legal basis is valid.
| Question | Contextual ads, as Berlin described them | Personalized ads, as Berlin and OpenAI describe them |
|---|---|---|
| Conversation scope | Current thread and limited contextual information, according to Berlin; OpenAI says current-chat context may inform ads. | May include current thread and, when personalization is enabled, selected signals from past chats and memory, according to OpenAI. |
| Profile use | Berlin says this mode does not create or use user profiles. | Berlin warns that combining chat information could support detailed profiles. |
| Personalization setting | Berlin says users who do not consent may still receive contextual ads. | Berlin describes personalization as opt-in; OpenAI provides an ad-personalization control. |
| What advertisers receive | OpenAI says advertisers do not receive chats or personal details and receive aggregated, non-identifying performance information. | OpenAI makes the same claim for personalized advertising: advertisers receive aggregated, non-identifying performance information, not chat content. |
OpenAI’s Ads in ChatGPT help page says ad signals remain within ChatGPT and are not shared with advertisers for ad selection. OpenAI says advertisers do not receive conversations, chat history, memories, names, email addresses, precise location, IP addresses, or sensitive information such as health, mental-health, or political topics. It says advertisers receive aggregated, non-identifying performance metrics, such as views and clicks. These are OpenAI’s published descriptions of its practices.
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Are ChatGPT ads live in Germany?
The official sources reviewed do not establish whether ChatGPT ads, or personalized ads specifically, were live for German users on October 7, 2026. Berlin said a European rollout was imminent. OpenAI’s help page says personalized ads are not initially available in the European Economic Area (EEA) or Switzerland. These statements do not confirm a German launch or show that German users could enable personalization on that date. Availability can change, so check the current OpenAI ads help page and the controls shown in your account.
How to limit ad personalization and chat use
OpenAI says users can turn off ad personalization, dismiss ads, ask why an ad is shown, and clear ad data. Turning personalization off does not remove contextual advertising based on the current thread; OpenAI says it stops using other threads, ad history, and topics to inform ads. Exact controls depend on region, plan, and whether ads are available to the account.
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- Review ad controls. In ChatGPT, open the ad-personalization settings when available and turn personalization off if you do not want other chats, ad history, and topics used to inform ads. You can also dismiss an ad or view why it was shown.
- Clear ad data if needed. OpenAI says users can clear ad data. Its help page says cleared ad data may remain on its servers for up to 30 days before removal.
- Manage memory separately. Review memory settings and delete saved memories you do not want retained. Memory controls and advertising controls address different kinds of data use.
- Use Temporary Chat for sensitive conversations. OpenAI says Temporary Chats do not show ads and can be used without using or updating memory. Its EU privacy policy says these chats are not shown in history and are not used to improve OpenAI’s models; they are automatically deleted within 30 days unless retention is required for safety or legal reasons. Model improvement and advertising are separate processing purposes.
- Delete or archive chats, and limit sensitive disclosures. Berlin recommends regularly deleting chat history and avoiding confidential or secrecy-protected information. Deleting a conversation should not be treated as a guarantee that every related data record is immediately erased.
- Decline consent or use an ad-free option where offered. Berlin recommends declining personalized-ad consent. OpenAI lists Plus or Pro as ad-free paid plans and a free, no-ads option with additional limits, but says availability can vary by region and over time. Check the current choices shown to your account.
OpenAI’s EU Privacy Policy also says Free and Go users’ ad history and interests may be collected, including the types of ads viewed or interacted with. It describes controls for ad settings, retaining details across chats for personalization, deleting or archiving chats, and using Temporary Chat. Berlin’s recommendations can reduce exposure to ad personalization, but no single setting is a promise that all processing stops or that ChatGPT becomes a confidential channel.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the warning does—and does not—mean
The regulators’ concern is that conversational content can reveal more about a person than conventional browsing signals and could be used to build detailed profiles if applied to personalized advertising. The cited statements do not establish that OpenAI has violated the GDPR, and they do not announce a ban or enforcement action. OpenAI’s position is that selected signals may inform ad selection while advertisers themselves do not receive conversations or personal details; the regulators’ warning focuses on the risks of using intimate chat content for personalization.
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