ChatGPT ads: German regulators warn about profiles built from chats

ChatGPT has shown ads to Free and Go users in Germany and the rest of Europe since August 24, but so far only ads based on the current conversation. That is set to change. On October 2, the data protection authorities of Hamburg and Berlin both warned that OpenAI plans to bring personalized ads to Europe soon. Both point to a privacy policy update OpenAI made at the end of August. As with the European ad launch, the change applies to the free tier and the low-cost ChatGPT Go plan.

What OpenAI would use for ad profiles

According to the Hamburg authority, past and current chats, device information and usage data would be used to build the profiles. OpenAI's help page on ads in ChatGPT lists "Past chats and memory" among the data that can inform ads when personalization is on. The Berlin commissioner's example is a user who asks ChatGPT for recipes and later sees ads for a food delivery service. That is harmless for recipes. Many people also ask the chatbot about health, money or relationships.

Hamburg sees considerable risks to privacy and personal rights because chats can contain very private details. The authority cites an OpenAI study in which about 49% of prompts were questions, which suggests people mostly use ChatGPT for advice. Berlin's data protection commissioner, Meike Kamp, warns that the feature may process very sensitive data.

Saying no does not remove the ads

In Europe, OpenAI needs your consent for profile-based ads. If you decline, ChatGPT still shows ads. They are then based on the current chat, your approximate location and your language. OpenAI relies on legitimate interest for these ads and does not ask for consent. The only way to avoid ads entirely is a paid plan such as Plus, and temporary chats do not show ads either.

No start date yet

OpenAI has not given a start date for Europe. Its help page still states: "Personalized ads are not initially available in the European Economic Area (EEA) or Switzerland." Both authorities say the feature is coming soon, so you can check your settings before it arrives.

Settings to check now

Hamburg and Berlin both advise declining personalized ads when ChatGPT asks for consent. The relevant toggle is in Settings under Ad controls. Because memory can also influence which ads you see, review your saved memories. Delete the ones you do not want kept, or turn memory off. For sensitive questions, both authorities recommend a temporary chat, which does not appear in your history and does not use memory. Keep confidential information out of ChatGPT altogether.

Hamburg also recommends turning off the use of your chats for model training and deleting your chat history regularly. ChatGPT's new privacy center lists these controls in one place, but it does not change anything for you. In September, we also found that a marketing cookie stays active even after you reject it.