Fathom GDPR and Data Protection: Visible Bot, Risky Data Transfers

Fathom GDPR and Data Protection: The Basic Issue

Fathom is an AI-powered meeting assistant that automatically generates notes, summaries, and action items. It appears as a visible bot within the meeting, which creates a level of transparency that many other tools lack — a clear benefit for GDPR compliance. However, the platform stores and processes data in the United States, which can raise legal concerns for organizations operating under stricter European privacy rules.

How Fathom Works: Visibility as a Key Advantage

Fathom joins meetings as a bot and appears clearly in the participant list. It captures conversations in real time, transcribes them, and delivers structured summaries via email or integrated platforms like Google Docs or CRM systems.

The following data may be processed:

• Spoken content (transcribed and summarized)
• Participant details and metadata (e.g., time, duration, speaker identity)
• Optional integrations with external tools

The bot's visibility supports a more transparent experience and provides a stronger foundation for GDPR-compliant use.

Visibility Isn't Enough: GDPR Requires More

While the visible bot is helpful, it alone does not meet GDPR standards. Transparency must go hand in hand with proper legal grounds for data processing.

Key GDPR principles at stake:

• Article 5 (1) (a): Processing must be lawful, fair, and transparent
• Article 13: Data subjects must be informed
• Article 6: A valid legal basis (such as consent) is required

This is especially important in meetings with external participants or when sensitive topics are discussed.

Servers Outside the EU: The Bigger Risk

Fathom processes and stores user data on servers in the United States. The company states this is to improve usability and analysis quality. However, from an EU perspective, this introduces legal complexity.

The core challenges:

• The U.S. is not classified as a "safe third country" under EU law (per the Schrems II ruling)
• U.S. authorities may request access to data (e.g., via the CLOUD Act)
• GDPR requires additional safeguards for such transfers (Articles 44 and following), such as Standard Contractual Clauses (SCCs)

It is currently unclear whether Fathom offers additional protections or EU-specific hosting options.

Fathom GDPR And Data Protection: What's Needed

Fathom is user-friendly and technically transparent thanks to its visible bot, but GDPR compliance depends on more than good design. It requires:

• Advance notice to all participants
• Documented consent from everyone involved
• Proper legal safeguards for cross-border data transfers (e.g., SCCs, TIAs)

Companies handling personal or sensitive business data should assess these factors carefully.

Fathom GDPR and Data Protection: Theory vs. Practice

In practice, Fathom is often used without formal notice to all participants. Users may assume the visible bot is enough, but GDPR standards require more than implicit awareness. Similarly, cross-border data transfers are often left unsecured or undocumented, creating compliance risks.

Audits or formal complaints could expose these shortcomings quickly.

Conclusion: Fathom Can Be GDPR-Compliant — But Only with Effort

Fathom offers a solid technical foundation for transparent AI meeting support. Its visible bot is a key advantage. However, reliance on U.S.-based infrastructure remains a weak point for GDPR compliance.

To stay compliant, users must:

• Clearly and proactively inform participants.
• Obtain explicit consent when necessary.
• Secure and document international data transfers.

For simpler, more privacy-focused implementation, alternatives like Sally, which offers EU-only hosting and automatic disclosure via visible bots, may be a safer choice.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.