The DeepSeek open platform and API

The document exists. The ledger fetched it at its publisher and quotes it.

Record ID

AVD-2026-0021

Kind

API and platform

Jurisdiction

China

Last verified

15 September 2026

Added

15 September 2026

• The open platform terms do not say whether developer inputs and outputs are used to train DeepSeek's own models.
• The only training language in the terms runs outward, permitting the developer to use outputs for training other models.
• The terms are governed by the laws of the People's Republic of China in the mainland.
• Developers must establish organisational and technical measures, including user management, data security and monitoring, so the controller duty sits with them.

Used for training by default, Retention period, Deletion on request, Storage region and residency, Subprocessor list published, Human review of content, Opt out available, DPA available, Persistent memory across sessions, Last change to the terms. Stated means the document you can open below says it; silent means the ledger read the document and it does not.

Used for training by defaultSilent

The terms say nothing about DeepSeek training on developer traffic. The only training clause permits the developer to train other models on the outputs.DeepSeek open platform terms of service, primary source, 29 April 2026.

Retention periodSilent

No retention period, no zero retention option and no audit window appears in the open platform terms. The privacy policy's open ended line is the only text that applies.DeepSeek open platform terms of service, primary source, 29 April 2026.

Deletion on requestSilent

Deletion appears only as an enforcement action against content, not as a data lifecycle commitment to the developer.DeepSeek open platform terms of service, primary source, 29 April 2026.

Storage region and residencyStated

China. The terms are governed exclusively by the laws of the People's Republic of China in the mainland, and the privacy policy places storage there.DeepSeek privacy policy, primary source, 10 February 2026.

Subprocessor list publishedStated

No list and no flow down. The privacy policy excludes the processing rules for personal data collected from end users of downstream systems.DeepSeek privacy policy, primary source, 10 February 2026.

Human review of contentSilent

No human review by the vendor is described. The duty is placed on the developer, whose consequential outputs are required to undergo human review.DeepSeek open platform terms of service, primary source, 29 April 2026.

Opt out availableSilent

No opt out is printed at this tier. The training opt out lives in the consumer privacy policy and nothing in the platform terms carries it to API traffic.DeepSeek open platform terms of service, primary source, 29 April 2026.

DPA availableSilent

No data processing addendum and no standard contractual clauses. The terms instead push organisational and technical duties onto the developer.DeepSeek open platform terms of service, primary source, 29 April 2026.

Persistent memory across sessionsSilent

No memory feature is offered or described in the open platform terms.DeepSeek open platform terms of service, primary source, 29 April 2026.

Last change to the termsStated

The open platform terms print Effective date 29 April 2026 and the privacy policy prints Last Update 10 February 2026.DeepSeek open platform terms of service, primary source, 29 April 2026.

Seven of the ten facets here are absent, and that pattern is itself the answer for a procurement file. You cannot write a vendor answer about retention, training or subprocessors from documents that do not address them, so an organisation that needs those commitments has to obtain them in a negotiated contract or choose another vendor. Silence is not permission and it is not prohibition, it is an unanswered question you are carrying.

1. DeepSeek open platform terms of servicePrimary · 29 April 2026
2. DeepSeek privacy policyPrimary · 10 February 2026

• VerifiedConsumer tierAVD-2026-0020

  The DeepSeek consumer app

  China · verified 15 September 2026

  The privacy policy states that to provide its services DeepSeek directly collects, processes and stores personal data in the People's Republic of China.

• VerifiedAPI and platformAVD-2026-0004

  The OpenAI API and platform

  United States · verified 15 September 2026

  The platform guide states that as of 1 March 2023, data sent to the OpenAI API is not used to train or improve OpenAI models.

• Open questionOpen questionAVD-2026-0029

  Is a subprocessor change notice period actually enforceable?

  European Union · verified 15 September 2026

  Article 28 of the General Data Protection Regulation states that the processor shall not engage another processor without prior specific or general written authorisation of the controller.