Explore all topics
AI & professional secrecy · Self-check

AI and professional secrecy: have you done your homework?

Do you need a § 203 agreement with your AI provider? We help you set it up properly. You don't need one? Are you sure? Let's check whether you've done your homework.

You're a lawyer, notary, doctor, tax adviser, trustee or auditor – and AI has been saving you time for a while. The question is no longer whether, but how: which data goes where, who can read it, and do you have it in writing?

A common misunderstanding: "But I have a DPA"

A data processing agreement (DPA under Art. 28 GDPR) covers data protection. Professional secrecy is a second, separate issue:

DPA (GDPR)Confidentiality undertaking (e.g. § 203 StGB, § 43e BRAO)
ProtectsPersonal dataEverything entrusted to you in your professional role – including business secrets with no personal data
Who is liableController and processor (fines, damages)You personally (in Germany under criminal law, plus professional law)
Typical contentInstructions, technical and organisational measures, sub-processors, third countriesDuty of confidentiality, notice of the criminal consequences, access only where necessary, passing the duty on to subcontractors
At large AI providersUsually standard, available onlineRarely public, often only on request or via cloud platforms

In short: a DPA, yes – but without a confidentiality undertaking, in Germany you're only halfway there.

Who is affected – and what applies where?

Simplified overview. Parts of the legal position have not been settled by the courts, and professional chambers take lines of differing strictness.

🇩🇪 Germany

  • § 203 StGB (Criminal Code): doctors, lawyers, notaries, tax advisers, auditors and other professions may involve service providers ("contributing persons") – where necessary and only if they have bound them to confidentiality (§ 203(3) and (4)).
  • § 43e BRAO, § 62a StBerG, § 26a BNotO: contract in text form, notice of the criminal consequences, access only where needed, subcontractors bound as well. Providers abroad only with comparable protection of secrets. Services that directly serve a single mandate additionally require the client's consent (lawyers and tax advisers; notaries: consent for the individual official act).
  • The German Federal Bar's guidance (BRAK, 12/2024) is strict: as of then, transferring client secrets to language models was generally not necessary. More generous views also exist in the professional debate. Our recommendation: plan conservatively.

🇦🇹 Austria

  • Lawyers (§ 9 RAO) and notaries (§ 37 NO): confidentiality also covers assistants – you have to bind and supervise them. Whether and how far external IT and AI providers are covered must be assessed case by case. To be safe, plan as if they were.
  • Under criminal law (§ 121 StGB), mainly health professions and insurers are covered – not lawyers and notaries. For them, consequences come through disciplinary, civil and data protection law.

🇱🇮 Liechtenstein

  • § 121 StGB covers lawyers, notaries, trustees, auditors, patent attorneys and health professions, among others – assistants are treated the same. Prosecution at the request of the injured person.
  • Plus professional rules (e.g. Art. 15 of the Lawyers Act, RAG) and, as an EEA state, the GDPR.

🇨🇭 Switzerland

  • Art. 321 StGB: lawyers, notaries, doctors, auditors and other professions as well as their assistants – a cloud or AI provider can be an assistant. What's expected: careful selection, contractual confidentiality and supervision.
  • Data protection: revFADP/nDSG (processing on behalf Art. 9, disclosure abroad Art. 16).

For everyone: if personal data goes to the US, you need a transfer mechanism under the GDPR or the FADP (e.g. the Data Privacy Framework or standard contractual clauses). That's data protection – professional secrecy comes on top.

Self-check – 6 questions, 3 minutes

The check runs only in your browser. Nothing is stored and nothing is sent.

Answer the questions in order. Your result appears below the questions as soon as there are enough answers.

1. Who are you?
2. What data do you put into the AI?
3. Which tool, which access route?
4. Is Zero Data Retention (ZDR) active – and do you know what it doesn't cover?Not needed for self-hosting.
5. Do you anonymise before prompting?Not needed for self-hosting.
6. Is your paperwork in order?Tick everything you have as a document.

Without JavaScript: compare your answers with the three results and the scoring rules right below the check.

The three results

  • 🟢 You're fine. You only use AI without confidential information, or all six boxes are ticked and ZDR is confirmed. Tip: keep the documents in an "AI compliance" folder and review it once a year – providers change their terms all the time.
  • 🟡 Action needed. You use a business or API account, but at least one document is missing (usually the confidentiality undertaking or the subcontractor chain), or ZDR is unclear. This can usually be fixed: choose the right access route, request an addendum, document your settings.
  • 🔴 Stop & talk to us. Confidential information ends up in a consumer app, with a provider without a DPA, or in a third country without protection (e.g. hosted services storing data in China). Stop until this is resolved and get support – for dealing with what already happened, start with your chamber or your legal adviser.
How the scoring works
  • Question 1 "Not bound by professional secrecy": data protection is usually enough – check the DPA and third-country transfers. More: Which data must never go in the chat.
  • Question 2 "Only general material": 🟢 You're fine. Still set rules for account data, metadata and accidental uploads.
  • Question 3 "Consumer version or private account": 🔴. For self-hosting, go straight to question 6.
  • Question 4 "No, or I don't know": 🟡 Talk to us. The default is usually storage for up to 30 days for abuse monitoring.
  • Question 5 "Partly, or by hand": 🟡 at best. "No": the contract (question 6) becomes mandatory.
  • Question 6: if the DPA is missing, the result is 🔴. If any other box is missing, it's 🟡. 🟢 requires all six boxes and confirmed ZDR (or self-hosting).

Let's go through your answers together: Book an initial call.

Which provider offers what?

As of: 3 November 2026. A snapshot from the providers' public documents. Terms change often – check the current version before you sign.

Provider / routeZDRDPAEU hostingTraining on your data§ 203 addendumNote
Anthropic (Claude API direct)On request, not for all featuresPlease have the provider confirmNo (global/US)No (commercial)Not publicly documented, please ask the providerEU region via AWS or Google Cloud
OpenAI (API / Enterprise)After approvalYesYes (EU data residency, with conditions)No (business default)Not publicly documented, please ask the providerAlternative: Azure
xAI (Grok API)Yes, can be enabled for the teamYes – requires ZDR for personal dataNot publicly documentedNo (without permission)Not publicly documented, please ask the providerTransfer to the US
Cursor (coding)Yes, via Privacy ModePlease ask the providerNot publicly documentedNo (Privacy Mode)Not found publiclyFor code, not for case files
DeepSeek (hosted)NoNot foundNo – stored in ChinaYes (opt-out)NoUnsuitable for professional secrets
Mistral (API)On request, stateless endpoints onlyYes (online)Yes (EU by default)Opt-out available; confirm the default with the providerNot publicly documented, please ask the providerModels can also be self-hosted
Google Cloud (Vertex AI)Achievable with configurationYesYes (regional endpoint)NoYes – Professional Secrecy Addendum (Germany), on request from the providerCheck web search (grounding), caching and logging
Self-hosted (e.g. Hetzner plus an open-weight model)You control itYes (with the host)YesNoSettle with the hostOperations are on you

Remember: "no training" doesn't mean "no storage". And "EU hosting" doesn't mean "professional secrecy sorted".

Good to know: some providers offer a § 203 addendum only on request – and sometimes only to legal entities, not to sole proprietors. If you work alone or as a sole proprietorship, clarify this before you sign.

And what about the "harness"?

A harness is the software layer around a model: agent, tools, file access. Example: the open-source app "DeepSeek Harness" sends session data to DeepSeek servers in China in its default mode. With your own model endpoint, its privacy notice says it does not store inputs and outputs on its servers. You should still check account and telemetry data before using it in your firm.

So what always counts for protection is: where does the data end up? How to secure AI agents in your organisation – inventory, permissions, approvals, logging – is covered in our Security Harness.

Option 1 – Self-host (e.g. at Hetzner)

If you don't want to involve a US provider, you can run an open model (e.g. from Mistral, Meta, Qwen or DeepSeek – as a download, not as a cloud service) on your own GPU server. The model maker then sees nothing; your service provider is the host.

Example servers at Hetzner (list prices on hetzner.com, as of 3 November 2026, excl. VAT):

ServerGPU memoryLocationPer monthSetupRoughly suited for*
GEX4524 GBHelsinki (FI)€214€209Smaller models, one person or a small team
GEX6396 GBHelsinki (FI)€999€99970-billion-parameter class models (quantised)
GEX13196 GB, more RAMHelsinki (FI) / Falkenstein (DE)from €1,499€1,499Like GEX63, more headroom
GEX4304 × 96 GBHelsinki (FI)€3,599€3,599Large open models, several teams

* Rule of thumb, not a performance promise. Test with your own documents before you decide. Contract terms and other conditions are listed in Hetzner's offer.

The good: EU location, no training, free choice of model, predictable costs.
The honest part: you (or we) run the server – updates, access control, backups, logs. Open models are weaker than the large cloud models at some tasks. And with the host, too, you need a DPA and a confidentiality arrangement.

How a shared AI workspace for your team can look: Own Your Intelligence.

Option 2 – Anonymise before it leaves

Replace names, addresses, IBANs and case references with placeholders automatically – only then send it to the model. Possible building blocks:

  • Presidio (open source, originally from Microsoft, now at github.com/data-privacy-stack/presidio): detects and replaces personal data. For German you need German language models for name recognition and your own recognition rules, e.g. for Swiss AHV numbers or case references.
  • Google Sensitive Data Protection: de-identification via API for your live prompts. With Discovery for Vertex AI, you can also scan training and tuning data in Google Cloud for sensitive content. Note: Discovery only checks stored datasets, not your prompts.

The limit: anonymisation replaces names, not the facts. "The dental practice in the village with the ongoing tax case" stays recognisable. Pseudonymised data is still personal data (GDPR). Anonymisation lowers the risk – it only replaces the contract if truly no one can be identified any more. What never belongs in an AI chat: Which data must never go in the chat.

How digihub helps you

digihub.li Genossenschaft supports you in four steps:

  1. Inventory: which tools does your team really use – including the ones you don't know about?
  2. Choose the access route: provider API, EU cloud platform or self-hosted – matched to data type, budget and country.
  3. Document check: DPA, confidentiality undertaking, subcontractors, third countries, consent – what's missing and what you need to request. You do the legal sign-off with your chamber or legal adviser; we prepare it.
  4. Technology: set up ZDR correctly, add anonymisation up front, secure agents (Security Harness), and local models with Ollama if you want them (Local AI on your own hardware).

Do you need a § 203 agreement? We help.

You don't need one? Are you sure? Let's check whether you've done your homework. In person and without obligation, at our office in Schaan or online.

Book an initial call

Sources

FAQ

Frequently asked questions

Is a DPA with OpenAI, Anthropic or Google enough?

For data protection it is mandatory. For professional secrecy it is usually not enough in Germany: § 203 StGB and professional law also require a confidentiality undertaking in text form, with notice of the criminal consequences – for subcontractors too.

Is ChatGPT Plus or Claude Pro okay for client data?

No. Private or consumer accounts offer no DPA for your firm or practice and no confidentiality undertaking; depending on settings, data may also be used for training. For confidential information you need at least a business or API account with the right contracts.

What does Zero Data Retention (ZDR) mean?

The provider does not store prompts and responses after processing, not even for abuse monitoring. ZDR is usually not the default, often applies only to certain interfaces and has to be requested or switched on. Features such as file uploads, batch, web search or caching are often excluded.

If the provider hosts in the EU, am I on the safe side?

EU hosting solves the third-country question under data protection law, but not professional secrecy. An EU provider must also be bound to confidentiality. Conversely, a US provider with a suitable addendum and transfer mechanism may also be an option – this has to be assessed case by case.

Do I need my clients' consent?

In Germany, yes, for services that directly serve a single mandate (§ 43e(5) BRAO, § 62a(5) StBerG). Not for general firm IT. Where the line runs for AI is not settled – if in doubt, ask for consent.

I'm in Austria, Liechtenstein or Switzerland – does § 203 apply to me?

No, § 203 is German law. But in Liechtenstein (§ 121 StGB) and Switzerland (Art. 321 StGB), breaching professional secrecy is also a criminal offence, including for assistants. In Austria, lawyers and notaries are bound by professional law (RAO, NO). Choosing service providers carefully and binding them to confidentiality is expected in all four countries – in different forms.

Is self-hosting automatically safe?

No. It takes the model provider out of the chain, but you are responsible for operations, access and updates, and the host remains a service provider with its own contract. Local inference alone does not create data protection or professional secrecy. To look at models with Ollama on your own hardware: Local AI with Ollama.

Can I use DeepSeek?

The hosted service (app or API) for professional secrets: no – according to its privacy policy, data is stored in China. The open DeepSeek models on your own EU infrastructure are a different situation and can be assessed.

Note: This page offers general guidance and is not legal advice. What counts are the laws, the rules of your professional chamber and the providers' current contract documents. Provider and price information as of 3 November 2026, without guarantee. digihub.li Genossenschaft is not a law firm; for the legal assessment of your individual case, please consult your chamber or a legal adviser.

Deutsch