Addendum to the data processing agreement: AI connections
Version 2026-11-02 — the German version is binding; this is a translation.
Addendum to the data processing agreement (Art. 28 GDPR) between the organization that uses jidAI (the "Controller") and Silvertip IT-Solutions GmbH, Grabenweg 68, 6020 Innsbruck, Austria (the "Processor"). An administrator of the organization accepts it on the organization's behalf. It supplements the data processing agreement (the "DPA"), does not modify it and does not limit the rights of data subjects; in case of conflict, the DPA prevails.
§ 1 Subject
- jidAI can give AI applications access to the organization's data in jidAI through the Model Context Protocol ("MCP"), e.g. Claude (Anthropic), ChatGPT (OpenAI), GitHub Copilot (Microsoft) or Cursor (Anysphere), as well as programs on the user's own computer and applications the Controller allows by their domain (each an "AI application"; the company that provides it or whose AI service it uses, the "AI vendor").
- An AI application connects on behalf of a single user. The user signs in with their own jidAI account and grants the AI application access within the scopes they choose (read, write, administration). The AI application can then only see and do what this user may see and do in jidAI at that moment.
- Actions that an AI application performs in jidAI on behalf of a user (e.g. creating or changing bookings) count as actions of that user.
- This addendum governs the responsibilities when the Controller enables AI connections. It applies only while the Controller has enabled AI connections.
§ 2 Enabling is a documented instruction
- AI connections are switched off for every organization by default.
- When an administrator of the Controller enables AI connections, selects the permitted AI applications and sets the maximum scopes, the Controller instructs the Processor (Art. 28(3)(a) GDPR) to transfer personal data to the selected AI applications when a user of the Controller connects such an AI application and the AI application requests data within the granted scopes. The instruction covers transfers to third countries where the AI vendor processes data there.
- If the Controller chooses that employees opt in individually, the Processor records these declarations for the Controller only. The Controller is responsible for their validity (in particular that they are voluntary and informed). People who have not opted in appear in no answer to an AI application; the Processor passes on totals over them only as an anonymous total of at least five people.
- The Processor records the enablement, every change to the settings, every connection of a user and every opt-in declaration (version of the text, person, time, settings, IP address and browser) as proof of the instruction.
- The Controller can withdraw the instruction at any time by switching AI connections off or by removing an AI application from the selection. The Processor then stops all transfers to the affected AI applications without delay and revokes existing connections.
§ 3 Notice under Art. 28(3) GDPR
The Processor points out that:
- the transfer of employee data to an AI application requires a legal basis of its own, which the Controller must have;
- AI vendors may process data outside the European Union or the European Economic Area. Such a transfer requires a basis under Chapter V GDPR (e.g. an adequacy decision such as the EU-U.S. Data Privacy Framework, or standard contractual clauses with a transfer impact assessment);
- private accounts with AI vendors (e.g. free or personal plans) may be subject to consumer terms under which the AI vendor also uses data for its own purposes, such as training its models;
- depending on the Member State, the use of AI applications with employee data may require the consent of the works council or of each employee (e.g. in Austria §§ 96, 96a ArbVG and § 10 AVRAG; in Germany § 87(1) No. 6 BetrVG);
- a data protection impact assessment (Art. 35 GDPR) may be required;
- data already transferred to an AI application cannot be recalled by the Processor.
§ 4 AI vendors are not sub-processors
- The Controller chooses the AI applications itself. The Processor has no contract with the AI vendors and has no influence on their processing.
- The AI vendors are therefore recipients chosen by the Controller and not sub-processors of the Processor within the meaning of Art. 28(2) and (4) GDPR and clause 7 of the DPA. Annex IV of the DPA does not list them.
- The processing by the AI vendor is not part of the processing on behalf of the Controller under the DPA. The Processor's responsibility ends when the data is handed over to the AI application that the user authorised.
- The Processor is not responsible for the services, the availability or the output of the AI applications. The user and the Controller check the output and the actions of an AI application.
§ 5 Responsibilities of the Controller
The Controller is solely responsible for the transfer to and the processing by the AI applications. In particular, the Controller confirms and ensures that:
- it has a legal basis for the transfer of the personal data concerned to the AI applications it selected and for their processing there;
- it has concluded the works-council agreements required by law or obtained the required consents of the employees; if it relies on the consent of individual employees, it ensures that consent is given voluntarily and that refusing it has no disadvantages;
- it has carried out a data protection impact assessment where required;
- it has concluded the contracts required by data protection law with the AI vendors (in particular a data processing agreement) and only allows its users to connect accounts covered by these contracts; if it allows private accounts, it is responsible for that;
- it has a valid basis for transfers to third countries under Chapter V GDPR;
- it informs the employees concerned (Art. 13 and 14 GDPR) and, where the AI Act applies, fulfils its obligations as a deployer (in particular Art. 4 AI literacy and Art. 26 AI Act);
- it does not use AI applications to rank, evaluate or monitor the performance or behaviour of individual employees unless the legal requirements for this are met;
- it only allows those users to connect AI applications who may do so under its internal rules.
§ 6 Indemnity
- The Controller holds the Processor harmless from claims of third parties, in particular of employees, works councils and supervisory authorities, to the extent that they are based on a breach of the Controller's obligations under § 5 or on the processing by the AI vendors, and from the reasonable costs of legal defence.
- This does not apply if and to the extent that the Processor has culpably breached its obligations under this addendum, the DPA or the GDPR, or has acted outside or against the Controller's lawful instructions (Art. 82(2) GDPR).
- The rights of data subjects against the Controller and the Processor (Art. 82 GDPR) remain unaffected; this section only governs the relationship between the parties.
- The Processor informs the Controller without delay of any claim, gives it the opportunity to defend against it and does not acknowledge the claim without the Controller's consent.
§ 7 Obligations of the Processor
The Processor:
- transfers data only to the AI applications selected by the Controller and only within the scopes granted by the user, which can never exceed the user's own permissions in jidAI and the maximum scopes set by the Controller;
- ensures the security of the connection (Art. 32 GDPR), in particular through standard-compliant authentication (OAuth 2.1 with PKCE), tokens bound to the jidAI MCP server, hashed and rotating tokens, immediate revocation and rate limits;
- never transfers the reason for another person's absence (only "absent"), IP addresses or internal user ids; other people's email addresses, notes and billing rates only to the roles that also see them in jidAI (administrators: email addresses of pending invitations; administrators and coordinators: billing rates of project members; approvers: task and notes of the requests they decide on); otherwise only the data fields the requested function needs;
- offers no function that ranks, compares or evaluates the performance of employees; the working-time check only compares booked times with the statutory limits;
- logs every access by an AI application without its content (connection, function, persons concerned, data categories, outcome), shows employees the accesses to their data, and deletes the log after 12 months, at the latest with the organization;
- keeps the proof records under § 2(4) during the term of the contract and for three years after the organization has been deleted, also for the defence of its own claims, and deletes them afterwards;
- makes the proof records and the log available to the Controller on request.
§ 8 Changes and new versions
- The Processor may amend this addendum. A material change gets a new version.
- A new version only applies once an administrator of the Controller has accepted it. Until then, AI connections pause for the organization; the Controller's settings are kept.
§ 9 Term and language
- This addendum applies as long as the DPA applies. The Controller's obligations under § 5 and § 6 continue for transfers made during the term.
- The German version is binding; the English version is a translation.