Do I need to disclose Google Gemini AI in my privacy policy?

Yes. Because Gemini processes user-submitted data through Google's servers, you must disclose this AI service in your privacy policy. Users have a right to know when their inputs—including prompts, images, and audio—are sent to third-party AI processors. Failure to disclose may violate GDPR, CCPA, and other privacy regulations.

What data does Google Gemini AI collect from users?

Google Gemini collects user prompts, text inputs, images, audio files, and video uploads sent through the API. It also logs API usage metadata, token counts, and generated outputs. If your website doesn't opt out of data usage policies, Google may use this data to improve Gemini models. Review Google's Gemini API data usage policy to understand training and retention practices.

Does Google Gemini AI require a cookie consent banner?

Gemini itself does not use cookies for tracking. However, if your website uses Gemini and collects other data through Google services (Analytics, Tag Manager, etc.), you must disclose all data collection practices in a consent banner compliant with GDPR or CCPA. Disclose Gemini separately as a third-party processor.

Who processes data sent to Google Gemini AI and where is it stored?

Google LLC, a United States-based company, is the data processor. Data is transferred to Google's servers under the EU-US Data Privacy Framework and Google Cloud terms of service. Ensure your Data Processing Agreement with Google covers Gemini API usage. Review Google's privacy policy at policies.google.com/privacy for data handling details.

AI & Machine Learning

Privacy policy clauses for Google Gemini AI

Google Gemini AI is a multimodal artificial intelligence service that processes text, images, audio, and video inputs to generate intelligent responses. Websites integrate Gemini through APIs to power AI-driven features like content generation, image analysis, and conversational interfaces.

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What data Google Gemini AI collects

Your privacy policy must disclose each of the following data types when you use Google Gemini AI.

User prompts and inputs sent to API

Images, audio, and video inputs

Generated text and multimodal outputs

API usage and token metadata

When does Google Gemini AI trigger privacy obligations?

Installation & Data Flow

The moment you integrate Google Gemini AI—whether via API calls, SDKs, or embedded chat interfaces—user prompts, images, audio, video, and generated outputs flow to Google LLC servers in the United States. This triggers obligations immediately, not after launch.

Applicable Regulations

GDPR (if any EU users): User inputs to Gemini are personal data under GDPR Article 4(1). Google becomes a processor under Article 28. You must have a Data Processing Agreement (DPA) in place before sending any data. The EU-US Data Privacy Framework applies for transatlantic transfers under GDPR Article 46, but you must verify Google's adequacy certification and document reliance on it.

Common compliance pitfalls

Pitfall 1: No Data Processing Agreement or Incorrect Google Cloud Terms Version

The Mistake: Many indie founders assume Google's standard Cloud terms automatically satisfy GDPR Article 28 processor requirements. Google Gemini API has specific DPA language, and using an outdated or incorrect Cloud contract version leaves you non-compliant and liable for GDPR fines (up to €20 million or 4% of global revenue).

Why It Happens: DPAs are invisible to product teams; founders focus on integration speed. Google's documentation doesn't nag about this until you scale.

Consequence: GDPR violations, failed audits, regulator warnings, and potential enforcement action against you (not Google, since you're the controller).

Pitfall 2: Failing to Disclose Gemini Training Use or Mishandling Consent

The Mistake: Omitting from privacy policies that user prompts *may* be used for Google's model training (unless you opt out). Users think their inputs are only for generating responses; GDPR Article 13 and CCPA Section 1798.100 require clear, specific disclosure of data uses before collection.

Why It Happens: Google's default training policy is unclear in marketing materials; teams don't read the Gemini API Data Usage Policy carefully.

Consequence: Consent is invalid retroactively. Users have GDPR rights to object, delete, and port data. Regulators flag inadequate disclosure in audits.

Pitfall 3: Sending Sensitive Data (Health, Financial, Children's) Without Extra Safeguards

The Mistake: Passing healthcare, payment card, or age-verification data through Gemini without encryption, pseudonymization, or customer-specific DPA addenda. Gemini is a general-purpose model; processing sensitive categories triggers heightened obligations.

Why It Happens: Founders don't categorize their data as "sensitive" or assume Gemini's enterprise tier handles compliance automatically.

Consequence: HIPAA violations (if healthcare), PCI-DSS failures, COPPA enforcement (children's apps). Regulators will require additional contractual safeguards retroactively.

Privacy policy clauses for Google Gemini AI

What data Google Gemini AI collects

When does Google Gemini AI trigger privacy obligations?

Installation & Data Flow

Applicable Regulations

Where data goes

Common compliance pitfalls

Pitfall 1: No Data Processing Agreement or Incorrect Google Cloud Terms Version

Pitfall 2: Failing to Disclose Gemini Training Use or Mishandling Consent

Pitfall 3: Sending Sensitive Data (Health, Financial, Children's) Without Extra Safeguards

Legal note

Sample privacy policy clause

What regulators look for

Data Protection Authority Audit Priorities

Frequently asked questions

Do I need to disclose Google Gemini AI in my privacy policy?

What data does Google Gemini AI collect from users?

Does Google Gemini AI require a cookie consent banner?

Who processes data sent to Google Gemini AI and where is it stored?

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