Otter.ai GDPR and Data Protection: Visible Bot, Risky Data Export

Otter.ai GDPR and Data Protection: The Basic Problem

Otter.ai is an AI-based meeting assistant that transcribes and summarizes conversations automatically. It joins meetings through a visible bot, which adds transparency compared to tools that work silently in the background: A clear advantage from a GDPR perspective. However, there is one major challenge: Otter processes and stores data on servers located in the United States.

How Otter.ai Works: Visible Bot as an Advantage

Otter participates in meetings via a bot. The bot is clearly listed among participants, and users can often see who invited it. On some platforms, Otter also displays a banner or message in the chat.

The following data may be processed:

• Spoken content (transcribed to text)
• Timestamps and speaker recognition
• Contextual data such as meeting titles, participant names, or agenda items (if connected)

This visibility helps with transparency, but transparency alone does not equal compliance.

Visibility Is Not Enough: GDPR Demands More

Even though Otter appears in the meeting, that doesn’t mean all participants have been informed or have given their consent. The GDPR requires:

• Article 5(1)(a): Processing must be lawful, transparent, and fair
• Article 13: Data subjects must be informed
• Article 6: A legal basis is needed (e.g., consent or legitimate interest)

Ideally, organizers should announce Otter’s use at the beginning of the meeting and obtain (explicit or at least implied) consent. For sensitive meetings, explicit consent is strongly recommended.

Servers Outside the EU: A Bigger Concern

Otter.ai stores and processes data primarily in the U.S. From a GDPR standpoint, this is problematic because:

• The U.S. is not considered a fully safe third country (per ECJ ruling Schrems II)
• U.S. authorities may access data under laws like the CLOUD Act
• The GDPR (Articles 44+) requires additional safeguards (e.g., Standard Contractual Clauses or DPF certification)

While Otter.ai refers to security standards, it is unclear whether EU-specific hosting is available. Without extra protections, using Otter comes with legal risk for EU-based organizations.

Otter.ai GDPR and Data Protection: Where the Issues Lie

Otter does a better job at transparency than many tools, but its use still requires more effort to be compliant:

• A clear legal basis for processing (usually consent)
• Contracts that ensure adequate protection (e.g., SCCs)
• A Transfer Impact Assessment (TIA) if sensitive data is involved

Companies must ensure these measures are in place before using Otter.ai for business meetings.

Otter.ai GDPR and Data Protection: Theory vs. Practice

In reality, Otter is often used without clearly informing all meeting participants. While the bot is visible, legal information or explicit consent is frequently missing. Many users are also unaware that data is transferred to the U.S.

Particularly sensitive:

In some U.S. states, “all-party consent” is required, meaning all participants must agree to the recording. GDPR applies even more strictly.

Conclusion: Otter.ai Can Be GDPR-Compliant — But Only with Effort

Otter.ai provides a solid base for transparency thanks to its visible bot. However, the reliance on U.S. infrastructure creates a key vulnerability for GDPR compliance.

To use Otter legally, you should:

• Inform all participants ahead of time
• Obtain proper consent, especially for sensitive topics
• Secure international data transfers through contracts and safeguards

Privacy-focused tools like Sally, which offer EU-only hosting and automatic announcements via visible bots, can simplify compliance considerably.

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