Garante orders ChatGPT off in Italy, then lifts the order four weeks later
Garante took interim measure action against OpenAI, L.L.C. over ChatGPT, announced 31 March 2023. No financial penalty was imposed. Status: confirmed.
The record
Key facts
- Record ID
- AIT-2023-0001
- Status
- Confirmed
- Action type
- Interim measure
- Regime
- GDPR
- Jurisdiction
- Italy
- Target
- OpenAI, L.L.C., headquartered in United States
- Sector
- Generative AI
- AI system
- ChatGPT
- Date announced
- Date of decision
- Amount
- No financial penalty
- Appeal
- None recorded. The measure was complied with rather than challenged.
- Last verified
In full
What happened, and why it matters
The Italian authority ordered an urgent, temporary limitation on OpenAI's processing of data about people in Italy, which took ChatGPT offline in the country from 31 March 2023. It was the first time a European regulator had reached into a general purpose generative system and stopped it. The order named four concerns: no information given to users or to the people whose data appeared in the training corpus, no identified legal basis for training, factual inaccuracy in model outputs measured against the accuracy principle in Article 5(1)(d), and no age verification on a service its own terms restricted to users over thirteen. OpenAI did not litigate. It published a training notice, opened an objection route, added an age gate at sign up and agreed to an information campaign, and the Garante lifted the limitation on 28 April 2023. The service was back after twenty nine days. This record is the origin point of European generative AI enforcement and it set the pattern that has held ever since: authorities move first with interim measures rather than fines, compliance is negotiated quickly, and the underlying legal questions about training data are left for a later decision. That later decision came in November 2024, and a court annulled it in March 2026.
At a glance
The four things to take away
- Urgent temporary limitation adopted 30 March 2023, in effect 31 March 2023.
- First order by a European authority to stop a general purpose generative AI service.
- Lifted on 28 April 2023 after four remedial measures were put in place.
- No fine attached to this order. The fine came in a separate 2024 decision.
Orders
What the authority required
- publish a notice explaining how personal data is used to train the models
- provide a way for people to object to that training use
- put an age gate in place at sign up
- run an information campaign about the processing
The law
Provisions this action rests on
- GDPR Article 5(1)(d)violated
- GDPR Article 6violated
- GDPR Article 8violated
- GDPR Article 13violated
- AI Act Article 50adjacent
Read the official text of Article 50 in the EU AI Act Explorer, consolidated with the Digital Omnibus applied.
How it moved
Timeline
Garante adopts the urgent limitation order
ChatGPT becomes unavailable in Italy
Garante sets out the conditions for the service to return
Limitation lifted, service restored in Italy
Verification
Sources
Primary sources are the authority's own decision or press release, the Official Journal, or a court judgment. A record with no source is not published.
- Garante, provvedimento del 30 marzo 2023 (doc. web 9870832)Primary · 30 March 2023
- Garante press release, ChatGPT: Garante privacy, riapre la piattaforma in ItaliaPrimary · 28 April 2023
Next
Related enforcement actions
- AnnulledAI adjacentAIT-2024-0007
Garante fines OpenAI 15 million euro, and the Court of Rome annuls the decision in full
2 November 2024 · Fine · GDPR · 15 million euro
Fine of 15 million euro plus a media campaign order, decision 2 November 2024, announced 20 December 2024.
- ConfirmedContextAIT-2024-0002
noyb complains to the Austrian authority that ChatGPT invents facts about real people
29 April 2024 · Complaint · GDPR · No financial penalty
Complaint filed with the Austrian data protection authority on 29 April 2024.
- ConfirmedAI adjacentAIT-2025-0001
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30 January 2025 · Ban · GDPR · No financial penalty
Urgent definitive limitation on processing, adopted 30 January 2025.
- ConfirmedContextAIT-2024-0008
EDPB ChatGPT Taskforce publishes the common European position on generative AI
23 May 2024 · Other · GDPR · No financial penalty
Interim report of the EDPB ChatGPT Taskforce, published 23 May 2024.
- ConfirmedAI adjacentAIT-2024-0004
Irish DPC opens a cross border inquiry into Google over the PaLM 2 model
12 September 2024 · Investigation · GDPR · No financial penalty
Statutory inquiry announced 12 September 2024 under section 110 of the Irish Data Protection Act 2018.
- ConfirmedAI adjacentAIT-2026-0003
Garante fines Character.AI 158,000 euro over age checks and protection of minors
3 July 2026 · Fine · GDPR · 158,000 euro
Fine of 158,000 euro, decision of 3 July 2026, announced 9 July 2026.
Cite this record
Free to reuse under CC BY 4.0, with attribution. The record ID AIT-2023-0001 is permanent and is never reused.
- In a sentence
- According to the GAGE EU AI Act Enforcement Tracker (as of 20 August 2026), garante orders chatgpt off in italy, then lifts the order four weeks later.
- APA
- GAGE (Global Academy of Generative-AI Education). (2026). Garante orders ChatGPT off in Italy, then lifts the order four weeks later. EU AI Act Enforcement Tracker. Retrieved 20 August 2026, from https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/actions/AIT-2023-0001-garante-openai-chatgpt-temporary-limitation
- MLA
- "Garante orders ChatGPT off in Italy, then lifts the order four weeks later." EU AI Act Enforcement Tracker, GAGE (Global Academy of Generative-AI Education), 20 August 2026, https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/actions/AIT-2023-0001-garante-openai-chatgpt-temporary-limitation.
- Chicago
- GAGE (Global Academy of Generative-AI Education). "Garante orders ChatGPT off in Italy, then lifts the order four weeks later." EU AI Act Enforcement Tracker. Last modified 20 August 2026. https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/actions/AIT-2023-0001-garante-openai-chatgpt-temporary-limitation.
- Permalink
- https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/actions/AIT-2023-0001-garante-openai-chatgpt-temporary-limitation
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