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Reusing customer emails, chats and call notes in AI tools: a GDPR Article 6(4) compatibility check sheet for small businesses

Updated 27 Oct 2026 · Disclosure: the EURO AI Register mentioned below is an Unadhi product with a free edition. This guide is for information only, not legal advice.

What you get: a finished Article 6(4) reuse check sheet in three tabs: a reuse log with one row for each time you want to put existing customer data into an AI tool for a new purpose, a five-factor tab with the five questions Article 6(4) GDPR lists and a formula that sorts each row into "stop", "get consent or rework", "review" or "likely compatible: tell people first", and a before-you-start tab that records the notice you must give before the new use, plus four made-up example rows.

Short answer: personal data must be "collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes" (Article 5(1)(b) GDPR). When a new use is not based on consent or on a law, Article 6(4) says you "shall" take into account, among other things: the link between the purposes, the context of collection and your relationship with the people, the nature of the data (in particular Article 9 and 10 data), the possible consequences for them, and safeguards such as encryption or pseudonymisation. And before the new use starts you must tell people about the other purpose (Articles 13(3) and 14(4)).

Why AI tools make this come up

A small business already holds years of support emails, chat logs, call notes and order history. New AI tools make it tempting to reuse them: paste old tickets into a chatbot's knowledge base, feed past sales emails to an AI writing tool, or let a vendor use your customer chats to improve its model. Each of these is a use for a purpose other than the one the data was collected for. The EDPB names Article 6(4) as a provision that "may be relevant in the context of the development and deployment of AI models" (Opinion 28/2024, para. 17), and says that the different stages of developing or deploying a model "may constitute the same or different processing activities" (para. 64).

Step 1: tab 1, reuse log (one row per planned reuse)

ColumnWhat to writeSource
A. Reuse refR1, R2 and so on
B. Data setFor example "support emails 2023 to 2025", "chatbot logs", "call recordings"
C. Original purposeCopy it from your privacy notice or record of processing, word for wordArt. 5(1)(b); Art. 13(1)(c)
D. Original legal basisContract, legal obligation, legitimate interest or consentArt. 6(1)
E. New purposeWhat the AI tool will do with it, in one sentence. "Improve AI" is too vague: name the tool and the outputArt. 5(1)(b) "specified, explicit"; EDPB Opinion 28/2024 para. 64
F. Will you ask for consent for the new purpose?Yes or No. If Yes, the compatibility test is not the route: record the consent insteadArt. 6(4) opening words; Recital 50
G. Does the AI vendor use the data for its own purposes (for example training its model)?Yes, No or Don't know. Check the vendor's terms and your processor agreementOur working rule; see the Article 28 processor agreement sheet

Step 2: tab 2, the five factors from Article 6(4)

Answer each factor "Low", "Medium" or "High" concern, and write one line of reasons next to it. The factor wording is from Article 6(4)(a) to (e); the questions in the middle column are ours.

ColumnQuestion to answerSource
H. (a) Link between purposesIs the new purpose close to the old one (answering the same customers' questions faster) or unrelated (building a sales profile from support chats)?Art. 6(4)(a)
I. (b) Context and relationshipWould your customers reasonably expect this use, given how and why they gave you the data? Did they give it to you directly, or did it come from someone else?Art. 6(4)(b); Recital 50 "reasonable expectations"; EDPB Opinion 28/2024 paras. 93, 94
J. (c) Nature of the dataDoes the data set contain health, beliefs, or other Article 9 data, or criminal convictions data (Article 10)? Answer Yes or No in its own columnArt. 6(4)(c); see the Article 9 check sheet
K. (d) Possible consequencesCould the new use change how a person is treated, expose their messages to others, or end up in a vendor's model?Art. 6(4)(d)
L. (e) SafeguardsNames and contact details removed or replaced (pseudonymisation), encryption, vendor training switched off, access limited. "Low" concern means strong safeguardsArt. 6(4)(e)
M. Result=IF(Tab1!F2="Yes","Consent route: record consent, no 6(4) test",IF(J2="Yes","Stop: Article 9/10 data, get advice",IF(COUNTIF(H2:L2,"High")>=2,"Get consent or rework the plan",IF(OR(COUNTIF(H2:L2,"High")=1,Tab1!G2<>"No"),"Review: write down why it is compatible","Likely compatible: tell people first (tab 3)"))))Formula and thresholds are our working rule, not a legal test

For column J, write Yes or No; for H, I, K and L, write Low, Medium or High. A note from the EDPB on expectations: mentioning a use in your privacy policy "does not necessarily mean that the data subjects can reasonably expect it to happen" (Opinion 28/2024, para. 92), so a line in the notice does not turn a High in column I into a Low.

Step 3: tab 3, before you start

ColumnWhat to writeSource
A. Reuse refFrom tab 1
B. Notice of the new purpose given onDate, and where (email, account page, updated notice). Must be before the new use startsArt. 13(3) and Art. 14(4): "prior to that further processing"
C. Right to object mentioned?Yes or NoRecital 50: information on the other purposes and the right to object "should be ensured"
D. Start date of the new useMust be on or after column B. =IF(D2<B2,"Too early: notice first","OK")Art. 13(3); check is our working rule
E. Fields removed before reuseFor example names, emails, phone numbers, order numbersArt. 5(1)(c) data minimisation; Art. 6(4)(e)
F. DPIA needed?Run the DPIA screening sheet and paste the answerArt. 35
G. Reviewed on and byDate and role (not a private name if you share the sheet)Art. 5(2) accountability

Four made-up example rows

Planned reuseResultWhat happened
Bike shop puts 2 years of repair-question emails, names removed, into its own website chatbot so it can answer the same kind of questionsLikely compatible: tell people firstNotice added to the account page and order emails 3 weeks before go-live, with the right to object; vendor training switched off
Physiotherapy practice wants an AI tool to draft marketing emails from appointment notesStop: Article 9/10 dataHealth data; plan dropped, marketing written from public service descriptions instead
Web agency wants to score leads from old support chats to find upsell targetsGet consent or rework the planLink (a) High and expectations (b) High; agency asked customers to opt in instead
Accounting firm's AI note-taker vendor wants to use call transcripts to train its model; terms unclearReviewColumn G "Don't know"; firm asked the vendor in writing and switched training off in settings

These rows are made up for illustration and do not describe any real business.

This sheet is a working aid, not a legal opinion or proof of compliance. References are to Regulation (EU) 2016/679 (Articles 5(1)(b), 6(4), 13(3), 14(4) and Recital 50, as published on gdpr-info.eu) and EDPB Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models, adopted 17 December 2024 (paras. 17, 64, 92 to 94). The EDPB opinion leaves the application of Article 6(4) to AI models for supervisory authorities to assess case by case. The questions, Low/Medium/High scale, result formula and thresholds are our own working rules. Article 6(4) also does not apply where the further use is based on a law that meets Article 23(1); check your data protection authority's guidance. Checked on 27 October 2026. Spot an error in this guide? Write to mininglife7@gmail.com.

For accountants and tax advisers

Clients are already pasting customer files into AI tools. Send them tab 1 with the client AI inventory: one row per reuse shows quickly which plans need a notice and which need consent. Stay inside your professional rules and refer legal questions on.

Keep the reuse decisions next to your AI tool list

The EURO AI Register free edition runs in your browser with no account and no upload. It covers your first 10 AI systems and 10 evidence records, the screening questions, duties by role with dates, and a printable Article 4 AI-literacy record. List each AI tool once, then attach this sheet as the evidence record for the reuse it covers.

When you need more than 10 systems, the EURO AI Register membership starts at $19 a month and adds unlimited systems, rule updates and email help. Neither tool is legal advice or proof of compliance.

Partner programme opening soon

Partner programme opening soon: join the free waitlist. Planned terms are 50% of each referred sale (75% once you have 5+ paying customers), single level, paid through Gumroad only from revenue received.

Free start: list your AI tools in the EURO AI Register free edition, then add this sheet. Related: legitimate interest assessment · Article 13 privacy notice AI section · retention schedule for chat logs · Article 17 and 21 requests

Sources

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Unadhi Guides are free, independent explainers. We correct errors as soon as we find them: write to mininglife7@gmail.com.