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Weeks after OpenAI started laying the foundations for running ads in ChatGPT in Europe, it has now started putting up the walls, specifically around how those ads will comply with the region’s privacy laws.

In the latest update to its EU ads policy, which was added on June 2, OpenAI states that it will only serve ads to users who have explicitly opted in, and in turn that it will rely on that consent as the legal basis for processing personal data rather than “legitimate interest” — the broader, more contested basis some companies use to run targeted advertising without asking users directly. 

Under the General Data Protection Regulation, that distinction matters since consent requires a clear, affirmative action from the user, and can be withdrawn at any time.

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Publishers have finally won the right to keep their articles out of Google’s AI search results. The harder question now is whether that right is usable when the system keeps them opted in by default, and Google withholds the AI-specific data they’d need to judge if pulling out is worth the risk. 

The U.K.’s Competition and Markets Authority has ordered Google to give publishers greater control and transparency over how their content is used in AI search, including an opt-out from AI Overviews, AI Mode, and AI summaries in Discover, clearer attribution, and improved reporting on how content appears in AI-generated results. Publishers will also be able to opt out of AI model training. 

The ruling, handed down last week, is the first time a major regulator has forced Google to give publishers a formal say over how their work is fed into AI features in search.

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