Selecting GDPR-Ready AI Vendors: 15 Questions

Artificial Intelligence is rapidly transforming educational ecosystems across Europe, offering new opportunities for efficiency, personalization, and collaboration. However, as educators integrate AI tools into classrooms and learning management systems, they encounter a complex web of regulatory requirements, chief among them the General Data Protection Regulation (GDPR). Selecting an AI vendor that is not only technically adept but also GDPR-compliant is essential for safeguarding student data, ensuring institutional accountability, and fostering trust among all stakeholders.

Why GDPR Compliance Matters in Educational AI

GDPR sets a high bar for data privacy and security, covering the collection, storage, processing, and sharing of personal information. For teachers and educational administrators, the stakes are high: failure to comply with GDPR can lead to substantial fines, reputational harm, and the erosion of trust among students and parents. This responsibility is magnified when AI systems process sensitive student data, including learning outcomes, behavioral patterns, or even biometric information.

“Privacy is not an option, and it shouldn’t be the price we accept for just getting on the Internet.”
— Gary Kovacs

Before selecting an AI vendor, educators must develop a structured approach for evaluating compliance and accountability. The following questionnaire is designed to help you systematically assess AI vendors’ readiness for GDPR, while the attached evaluation sheet will support a transparent, evidence-based decision process.

15 Critical Questions for GDPR-Ready AI Vendors

Below is a comprehensive vendor questionnaire. Educators can copy, customize, and send these questions to potential AI partners. These inquiries should be answered in detail and, where possible, supported by documentation or references to specific policies and procedures.

Identity and Accountability

1. Data Controller/Processor Status: Are you acting as a data controller, data processor, or both for the services provided? Please specify your role(s) under GDPR.
2. Subprocessors: Do you engage any subprocessors for data processing activities? If yes, can you provide a list and describe their roles and locations?
3. Data Protection Officer (DPO): Do you have an appointed Data Protection Officer? Please provide contact details.

Data Collection, Usage, and Minimization

4. Data Types: What categories of personal data does your AI system collect, process, or generate (e.g., names, emails, behavioral data, biometrics)?
5. Data Minimization: How do you ensure that only data strictly necessary for educational purposes is collected and processed?
6. Purpose Limitation: For what specific purposes do you process personal data? Are these purposes clearly communicated to users?

Consent and Lawful Basis

7. Lawful Basis: What is the legal basis for processing personal data (e.g., consent, contractual necessity, legitimate interests)?
8. Consent Management: How do you obtain, record, and manage user consent, especially for minors? Can users withdraw consent at any time? Describe the process.

Rights of Data Subjects

9. Access and Portability: How can users (students, parents, teachers) access their data or request data portability?
10. Rectification and Erasure: What mechanisms are in place for users to correct inaccurate data or request data deletion (“right to be forgotten”)?
11. Objection and Restriction: How can users object to processing or request restriction of processing?

Security and Incident Response

12. Technical and Organizational Measures: What security measures protect personal data (e.g., encryption, access controls, auditing)?
13. Data Breach Notification: In the event of a data breach, what is your incident response procedure? How and when will affected institutions and individuals be notified?

Transparency and Documentation

14. Documentation: Can you provide copies of your privacy policy, data processing agreements, and records of processing activities?
15. Third-Country Transfers: Do you transfer any personal data outside the EEA? If so, what safeguards (e.g., Standard Contractual Clauses) are in place?

Evaluation Scoring Sheet for GDPR Readiness

Use this table to score and compare vendors based on their responses. Assign a score from 1 (insufficient) to 5 (excellent) for each question. Consider requesting evidence or documentation for high-stakes items.

Question	Score (1-5)	Notes/Evidence
Data Controller/Processor Status
Subprocessors
Data Protection Officer
Data Types
Data Minimization
Purpose Limitation
Lawful Basis
Consent Management
Access and Portability
Rectification and Erasure
Objection and Restriction
Security Measures
Data Breach Notification
Documentation
Third-Country Transfers

Suggested Scoring Guide:

• 5: Comprehensive, clear, and well-documented response, with robust evidence.
• 4: Good response with minor gaps or clarifications needed.
• 3: Adequate response, some important details missing.
• 2: Weak response, significant gaps or lack of documentation.
• 1: Unacceptable, non-compliant, or evasive answer.

Beyond Compliance: Cultivating a Responsible AI Culture

While GDPR compliance is absolutely fundamental, responsible AI selection in education also rests on values of transparency, inclusivity, and human-centered design. The best vendors will not only provide evidence of legal compliance but will also engage openly with teachers, parents, and students—listening, explaining, and adapting as needs evolve.

Consider asking additional questions about:

• Algorithmic Transparency: Can the vendor explain, in accessible language, how their AI models make decisions?
• Bias and Fairness: What steps are taken to identify and mitigate bias in AI models?
• User Feedback: Is there a simple process for users to report concerns or suggest improvements?

Empowering Educators and Learners

GDPR-compliant AI procurement is not merely a technical or legal formality. It is an opportunity to advocate for the rights and dignity of everyone in the educational community. By asking thoughtful questions, insisting on clarity, and fostering ongoing dialogue, teachers become active stewards of both digital innovation and fundamental human rights.

“The future is already here — it’s just not evenly distributed.”
— William Gibson

Let’s strive to make that future more equitable, ethical, and empowering for all our learners.