If you run a live chat or chatbot on your UK website, you are almost certainly processing personal data under UK GDPR. Customers' names, email addresses, IP addresses, the content of their messages — all of it counts. The Information Commissioner's Office (ICO) treats chat transcripts the same way it treats emails: as personal data with rights attached.
This article is not legal advice. It's a practical checklist of what the law expects and how to set your chat tool up to meet it.
What counts as personal data in a chat conversation
- The customer's name, email, phone, and any other identifier they share.
- The IP address of the device they chat from.
- The contents of every message they send.
- Any data your bot's knowledge base might attach to them (e.g. order history fetched via an integration).
- Cookies set by the chat widget for session continuity.
Your obligations in plain English
- **Lawful basis.** You need a reason to process this data. For chat support that reason is almost always *legitimate interest* (responding to an enquiry) or *contract* (servicing an existing customer).
- **Transparency.** Tell people what you're collecting. A short notice in the chat window — "Messages are stored to respond to your enquiry; see Privacy Policy" — plus a link to a real privacy policy is the standard pattern.
- **Data minimisation.** Don't ask for data you don't need. If you don't need someone's phone number to answer a pricing question, don't ask for it.
- **Retention.** Don't keep chat transcripts forever. Define a retention period (90 days, 12 months — whatever fits your business) and stick to it.
- **Right of access and erasure.** Customers can ask for a copy of their chat transcripts or for them to be deleted. Your platform must let you action this.
- **Data Processing Agreement.** If you use a third-party chat provider, you need a DPA in place that says they're processing data on your behalf under your instructions.
- **Data residency.** Strictly speaking, transfers outside the UK/EEA need either an adequacy decision or appropriate safeguards. A UK-based provider sidesteps the question entirely.
Common failure modes
- Using a US-based chat tool with no DPA, no UK data residency, and no record of consent. This is the modal compliance failure in our experience.
- Keeping every transcript indefinitely "in case we need it later."
- Storing payment card numbers in chat. Never, ever do this — PCI-DSS will eat you alive.
- Letting bots learn from real customer transcripts and then surfacing snippets to other customers.
What "GDPR compliant" should mean when you read it on a vendor's website
It should mean: UK or EU data residency, a published DPA you can sign, a clear retention setting, the ability to delete a customer's data on request, audit logs, and ideally ISO 27001 or SOC 2 certification.
Silux Chat is UK-based with UK data residency, ships a DPA as standard, and lets you set retention per tenant. We won't claim to be a substitute for your data protection officer — but our defaults are designed not to get you in trouble.
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