Claude, ChatGPT, Mistral or Copilot on a client file: what leaves, what stays
Whatever the plan, what you give Claude, ChatGPT, Mistral (Le Chat, now called Vibe) or Microsoft 365 Copilot goes to the vendor’s servers and stays there for a while. Business plans rule out training by default and come with a data processing agreement; only some keep data in the European Union, and none documents zero data retention for its chat assistant. For a file covered by professional secrecy, the only way to keep the file at home is to send nothing but a copy pseudonymized on your own computer.
The summary table: what does each plan do with your data?
Each cell links to the vendor’s official page that supports it, checked on October 19, 2026. Where a vendor publishes nothing on a point, the cell says “not publicly documented”. These terms change often: re-read the pages cited before you decide.
| Plan | Trains on your data by default | Retention | EU hosting | DPA | Zero data retention |
|---|---|---|---|---|---|
| ChatGPT Free, Plus (and Pro) | Yes, unless you turn off “Improve the model for everyone”; a thumbs up or down lets OpenAI use the whole conversation (checked October 19, 2026) | Until you delete it; deleted chats are erased within 30 days unless legal or security obligations apply; temporary chats kept up to 30 days (checked October 19, 2026) | No: data residency is limited to Enterprise, Edu and the API (checked October 19, 2026) | No: OpenAI offers its DPA for Business, Enterprise and the API (checked October 19, 2026) | No: API platform only (checked October 19, 2026) |
| ChatGPT Business | Not by default; a thumbs up or down does not allow training (checked October 19, 2026) | Admins control retention; deleted chats erased within 30 days unless the law requires otherwise (checked October 19, 2026) | No: eligibility covers new Enterprise and Edu customers (checked October 19, 2026) | Yes, on request through a form (checked October 19, 2026) | No: API only (checked October 19, 2026) |
| ChatGPT Enterprise | Not by default (checked October 19, 2026) | Admins control retention; deleted chats erased within 30 days unless the law requires otherwise (checked October 19, 2026) | Yes for eligible new customers: storage at rest in the EEA and Switzerland, optional in-region inference; account data and metadata excluded (checked October 19, 2026) | Yes (checked October 19, 2026) | No: API only (checked October 19, 2026) |
| Claude Free, Pro, Max | Depends on your model-improvement setting; also when flagged for safety review or after a thumbs up or down (checked October 19, 2026) | Deleted: erased within 30 days; training allowed: up to 5 years, de-identified; flagged: up to 2 years (checked October 19, 2026) | Not publicly documented for consumer plans (checked October 19, 2026) | No: the DPA comes with the Commercial Terms (checked October 19, 2026) | No: ZDR covers only the API and Claude Code on Enterprise (checked October 19, 2026) |
| Claude Team | No, unless feedback is given or the organization joins the Development Partner Program (checked October 19, 2026) | Kept in the product; deleted chats erased within 30 days; flagged: up to 2 years (checked October 19, 2026) | No: Anthropic says data is stored in the US (checked October 19, 2026) | Yes, built into the Commercial Terms (checked October 19, 2026) | No for chat and Cowork (checked October 19, 2026) |
| Claude Enterprise | No, same exceptions as Team (checked October 19, 2026) | Set by the organization, 30 days minimum; indefinite by default (checked October 19, 2026) | No: data stored in the US (checked October 19, 2026) | Yes, built into the Commercial Terms (checked October 19, 2026) | Only for Claude Code on Enterprise and the API, not for chat or Cowork (checked October 19, 2026) |
| Mistral Le Chat (Vibe) Free, Pro | Yes, unless you opt out in settings; a thumbs up or down with a comment allows use in every case (checked October 19, 2026) | Not publicly documented: chats are removed after manual deletion, “typically after a short grace period” (checked October 19, 2026) | Yes by default, with possible temporary transfers outside the EU depending on the feature (checked October 19, 2026) | Consumer terms apply to personal use; the DPA is for commercial customers (checked October 19, 2026) | No: never for Vibe Work or Chat (checked October 19, 2026) |
| Mistral Le Chat (Vibe) Team, Enterprise | Team: yes by default, admins can turn it off for the organization. Enterprise: not by default (checked October 19, 2026) | Not publicly documented (checked October 19, 2026) | Yes by default; Enterprise can turn off some features that transfer data outside the EU (checked October 19, 2026) | Yes: the Data Processing Addendum to the Commercial Terms (checked October 19, 2026) | No: pay-as-you-go API only (checked October 19, 2026) |
| Microsoft 365 Copilot (work account) | No: prompts, responses and Microsoft Graph data aren’t used to train foundation models (checked October 19, 2026) | Stored with the tenant’s other Microsoft 365 content; retention set by Purview policies; users can delete their history (checked October 19, 2026) | Yes, EU Data Boundary; Anthropic models are excluded and off by default in the EU (checked October 19, 2026) | Yes: Microsoft Products and Services DPA (checked October 19, 2026) | Not publicly documented (checked October 19, 2026) |
How to read the columns. Training means reusing your conversations to improve the vendor’s models. Retention is how long the vendor keeps your data, including after deletion. The DPA (data processing agreement) is the processor contract GDPR Article 28 requires when a provider handles personal data on your behalf. Zero data retention (ZDR) means the vendor doesn’t store prompts and outputs beyond processing.
How should you read the table, vendor by vendor?
ChatGPT (OpenAI)
The dividing line runs between individual and business plans. On Free, Plus and Pro, OpenAI may use your content to train its models unless you turn off “Improve the model for everyone”; even then, a thumbs up or down lets it use the whole conversation. Business, Enterprise and Edu aren’t used for training by default, and a DPA is available. EU data residency is limited to eligible new Enterprise and Edu customers and to the API: ChatGPT Business doesn’t get it. More detail: ChatGPT and GDPR: can you put client data into it?
Claude (Anthropic)
On Free, Pro and Max, training hinges on a single setting, which also sets retention: if it allows your chats to be used, Anthropic may keep them for up to 5 years in de-identified form in its training pipelines. On Team and Enterprise, Anthropic acts as a processor, the DPA is built into the Commercial Terms and conversations aren’t used for training. For its commercial plans, Anthropic says data is stored in the US; Enterprise lets you set a retention period of at least 30 days. For Claude Cowork, the agent that reads whole folders: Claude Cowork for lawyers.
Mistral Le Chat (now Vibe)
Le Chat is now called Vibe, at the same address. Mistral hosts data in the European Union by default, with possible temporary transfers to subprocessors depending on the feature. But the French vendor trains on Free, Pro and Team by default unless you opt out (the admin does it for Team); only Enterprise is excluded by default. Mistral publishes no retention period for conversations: they’re removed after manual deletion, “typically after a short grace period”. More detail: Mistral Le Chat and privacy.
Microsoft 365 Copilot
With a work account, Microsoft doesn’t use prompts, responses or Microsoft Graph data to train foundation models, and interactions are stored with the firm’s other Microsoft 365 content, in a hidden folder of the user’s mailbox. How long they live depends on the Purview retention policies the admin sets. For European customers, Copilot is an EU Data Boundary service, with two exceptions: the Anthropic models offered in Copilot (off by default in the EU) and web search queries sent to Bing. Copilot’s specific risk lies elsewhere: it finds everything each colleague can open. More detail: Microsoft 365 Copilot and professional secrecy.
Which points are easy to miss?
A court-ordered hold can override your settings
In the copyright suit the New York Times brought against OpenAI, a preservation order required OpenAI, in 2025, to keep output log data that would otherwise have been deleted. According to OpenAI, it covered ChatGPT Free, Plus, Pro and Team and the API without zero data retention, but not ChatGPT Enterprise or Edu. An order of October 9, 2025 (case No. 23-cv-11195, U.S. District Court for the Southern District of New York) ended that obligation as of September 26, 2025. But OpenAI still keeps the logs already set aside, except those of users in the EEA, Switzerland and the UK, and it keeps preserving logs of accounts tied to domains named by the plaintiffs, wherever they come from.
The lesson goes beyond OpenAI: every policy cited here reserves retention “required by law”. A lawsuit you’re not a party to can freeze your conversations, and deleting them won’t help.
Deleting doesn’t mean erasing right away
OpenAI and Anthropic erase a deleted conversation within 30 days. Anthropic keeps a chat flagged by its safety systems for up to 2 years, and a chat someone rated with a thumbs up or down for 5 years, Team and Enterprise included. On a shared workstation, one colleague’s rating commits the whole exchange.
Connectors and web search fall outside the commitments
Commitments cover what the vendor processes itself. At Microsoft, web search queries sent to Bing aren’t covered by the DPA or the EU Data Boundary, and Microsoft acts as controller for them. At OpenAI, data residency doesn’t cover what goes through apps, MCP servers or web search. At Anthropic, consumer training data excludes raw connector content (Google Drive, for example), but not what’s copied into the conversation. Connecting the firm’s email or Drive widens what the AI can read, and what leaves.
Share links open the conversation to anyone who gets them
On a personal ChatGPT account, anyone with the link can see the shared conversation, files included depending on the share. On Claude Free, Pro or Max, a public link shows a snapshot of the chat, without attached files. At Mistral, anyone who receives the link, including by forwarding, can see the conversation. On ChatGPT Business, Enterprise and Edu, and on Claude Team and Enterprise, links only open for members of the organization; ChatGPT Business can’t disable links workspace-wide, unlike Enterprise.
An agent reads more than you paste
Agents change the scale. Claude Cowork reads connected folders and, since October 6, 2026 on Pro and Max, processes the local files it opens on Anthropic’s servers. Copilot draws on everything the user can open in Microsoft 365. It’s no longer an excerpt that leaves, it can be the whole file.
What does this mean for a professional bound by secrecy?
The table answers GDPR questions: who is the processor, for how long, where. Professional secrecy asks a different one. In France, Article 226-13 of the Criminal Code punishes the disclosure of secret information by the person entrusted with it with one year of imprisonment and a €15,000 fine. The text makes no distinction based on the contract with the recipient or on where its servers are. A DPA makes the vendor a processor under the GDPR; it doesn’t make it your client’s confidant.
For lawyers, the CNB (France’s national bar council) guide of April 2026 draws the rule: never share data about files or clients with generative AI, and pseudonymize or anonymize systematically before any use. It adds that a promise not to reuse data is “generally neither provable nor verifiable” (our translation) and, on sovereignty, looks for hosting by a company not subject to extraterritorial laws, which for now rules out American companies (see the CNB guide explained). The same reasoning applies to notaries, chartered accountants and the other professions bound by secrecy: generative AI and professional secrecy, profession by profession.
In practice, the table helps you pick the least risky tool for what isn’t secret, and rule out personal accounts. It doesn’t let you pick a “safe” tool for the file in clear text: no row gets there.
Which workflow keeps the file on your computer?
AI needs no names to summarize, compare or draft. The workflow that keeps the file on your machine:
- Pseudonymize on your computer. Names, organizations, addresses, emails, phone numbers, IBANs and ID numbers are replaced with stable labels, such as [PERSONNE_1], across every document in the folder. With AnonymFiles, detection runs on your computer, with no account and no telemetry.
- Review the copy next to the original. Look for indirect identifiers: an amount, a date, a reference, a project name. Nothing is exported without your approval.
- Send the copy to the tool of your choice. A business plan with a DPA is still preferable, but what leaves no longer identifies anyone.
- Put the names back on your computer. The app restores the real names in the AI’s answer, as text, Word or PDF. The encrypted mapping table never leaves the computer.
- Check. Figures, dates, references and case law need checking, whatever the AI.
Further: pseudonymize a document for AI, then put the real names back, the mapping table, how AnonymFiles works and pricing.
Frequently asked questions
Which AI doesn’t train on my data by default?
According to the vendors, as of October 19, 2026: ChatGPT Business, Enterprise and Edu, Claude Team and Enterprise, Mistral Le Chat Enterprise and Microsoft 365 Copilot with a work account. ChatGPT Free and Plus and Mistral Free, Pro and Team train by default unless you opt out; on Claude Free, Pro and Max, it depends on your setting.
Which AI keeps data in the European Union?
Mistral hosts data in the EU by default, with possible temporary transfers depending on the feature. Microsoft 365 Copilot falls under the EU Data Boundary, except Anthropic models and web search. ChatGPT Enterprise offers storage in Europe to eligible new customers. Anthropic says it stores data for its commercial plans in the US.
Can you get zero data retention on ChatGPT, Claude or Le Chat?
Not for the chat assistants. OpenAI limits zero data retention to its API, Anthropic to its API and Claude Code on Enterprise, and Mistral to its pay-as-you-go API, never for Vibe Work or Chat. Microsoft doesn’t document zero data retention for Copilot.
Does the New York Times preservation order against OpenAI still apply?
The obligation to keep new conversations ended on September 26, 2025, under an order of October 9, 2025. OpenAI still keeps April to September 2025 data already set aside, except for users in the EEA, Switzerland and the UK, as well as logs of accounts tied to certain domains named by the plaintiffs.
Is a DPA enough to put a client file into an AI?
It addresses GDPR Article 28, not professional secrecy. In France, Article 226-13 of the Criminal Code punishes the disclosure of secret information, whatever the contract with the recipient. The CNB guide tells lawyers to pseudonymize or anonymize systematically before any use of generative AI.
Is Mistral safer because it’s French?
Mistral hosts data in the EU by default, which matters for the GDPR and sovereignty. But it trains on Free, Pro and Team by default and publishes no retention period for conversations. And professional secrecy forbids disclosure to any third party, whatever its nationality.