GDPR and AI Act software benchmark: how to manage the dual regulatory burden?
A GDPR software benchmark must now include the AI Act, as this regulation amplifies the GDPR rather than replacing it: AI trained on data collected illicitly under the GDPR is unlawful under the AI Act. The right tool centralizes the record of processing activities, DPIAs, and AI governance.
The essentials
- The AI Act does not replace the GDPR: it adds to it and amplifies it.
- The AI Act classifies artificial intelligence systems according to their risk level, from negligible to prohibited.
- AI trained on data collected illicitly under the GDPR is unlawful under the AI Act.
- Legitimate interest can justify training an AI, provided there is a rigorous balancing test between the company's needs and individual freedoms.
- A DPIA is almost always required when an AI system performs profiling, processes sensitive data, or makes high-impact automated decisions.
Let’s be honest. In 2018, when the General Data Protection Regulation (GDPR) came into effect, you politely rolled your eyes and hoped the wave would pass. A few years later, you finally understood what a DPO (Data Protection Officer) was and stopped confusing "consent" with "pre-checked box."
Today, GDPR compliance is still politely described as "in progress" in your internal reports. In other words: your Excel tracking spreadsheet is on its last legs, and your teams sigh whenever privacy is mentioned. This is the moment a new acronym chooses to burst into companies: the AI Act, the European regulation on artificial intelligence.
If you thought you could quietly chip away at your GDPR compliance debt, think again. Artificial intelligence is showing up everywhere, often through the back door of Shadow AI. Shadow AI is the use of AI tools by employees without the IT department's approval.
Don't panic. At Adequacy, we love law, tech, and above all, saving you from a nervous breakdown. Here is a survival guide for GDPR and AI Act novices, along with a benchmark grid for GDPR and AI compliance software.
Why does GDPR compliance remain "in progress" in so many companies?
GDPR compliance remains unfinished in many organizations because it has been treated as a box-ticking exercise—just another line on an administrative to-do list. However, GDPR compliance is a living process that must be maintained continuously.
If your processes still rely on manual data collection and email follow-ups to see if the Marketing department has changed its routing tools, you aren't compliant: you’re on borrowed time. A GDPR management tool is no longer a luxury; it’s a matter of operational survival.
Legal teams and DPOs are nearing burnout under three burdens:
- daily management of the record of processing activities;
- the mounting pile of risk assessments;
- the specter of a data breach.
This is precisely the moment the European Union chose to add the AI Act to the existing regulatory maze.
What is the link between the GDPR and the AI Act?
The AI Act does not replace the GDPR: it amplifies it. The AI Act regulates artificial intelligence systems, which feed on data—often personal data. Compliance with the AI Act therefore relies directly on compliance with the GDPR.
The regulatory framework of the AI Act classifies artificial intelligence systems (AIS) according to their level of risk, from negligible to prohibited. An artificial intelligence system (AIS) learns, trains, and makes predictions based on data, and very often, personal data.
The basic principle: an AI trained on data collected unlawfully under the GDPR is an AI that is inherently non-compliant under the AI Act.
To train AI algorithms legally, the legal basis of legitimate interest becomes a central issue. However, legitimate interest requires providing proof of a rigorous balancing test between the company's needs and the users' freedoms.
A company that does not master its data governance is incapable of deploying ethical and compliant AI. It is a domino effect: the mapping of AI use cases must be built directly on GDPR foundations.
How can GDPR compliance and AI governance be industrialized?
To manage the dual constraints of the GDPR and the AI Act, compliance must be industrialized and made cross-functional. Manual methods have reached their limits: GDPR compliance software must centralize, automate, and facilitate communication between data protection and AI governance.
If you are conducting a benchmark to find the best GDPR compliance software, look for a platform capable of meeting these three requirements.
The strategy we advocate at Adequacy is based on two principles: industrialization and cross-functionality. It involves providing the DPO, the CISO, and business teams with a single environment where every action enriches the others. This is the goal of version 6.1 of the Adequacy platform, designed to merge data protection management and AI governance.
GDPR software benchmark: which modules should you compare?
A GDPR software benchmark must compare each solution's ability to transform the most burdensome legal obligations into automated workflows: record of processing activities, AI governance, DPIAs, data subject rights requests, and data breaches. Here is how the Adequacy platform's modules address these, to help inform your GDPR software comparison.
Record of Processing Activities module: replace Excel with a managed register
The record of processing activities (ROPA) is the heart of GDPR compliance. If your record of processing activities feels like a graveyard of shared files, the Adequacy Record of Processing Activities module will transform your daily routine:
- For beginners: a media library of hundreds of sector-specific, ready-to-use processing templates. No need to reinvent the wheel.
- For experts: data completeness and freshness indicators to keep your record of processing activities up to date, manage governance in real time, and generate automated reports for audits.
Adequacy AI Act module: master your AI systems
The Adequacy AI Act module, essential for 2026, translates the European regulatory text into concrete actions for your teams:
- It allows you to create your AI system registry and automatically classify the risk level of your tools according to AI Act requirements.
- It manages the repository of AI models used or trained internally and assesses your obligations based on whether you are an AI provider, distributor, or deployer.
Data Protection Impact Assessment (DPIA) module: keep risk under control
TheDPIA (Data Protection Impact Assessment) is often a headache for legal teams. The Adequacy Impact Assessment module makes the DPIA process collaborative:
- As soon as a process presents a high risk or uses predictive algorithms, conducting a DPIA for AI becomes mandatory.
- The module is fully interoperable with the CNIL's PIA software (one-click import and export).
- The real advantage: automatic synchronization. If you modify a record in your processing register, the associated DPIA updates in real time.
Data Subject Rights Module: Automating communication with data subjects
Requests for access, rectification, or erasure can quickly overwhelm customer service or HR departments. The Adequacy Data Subject Rights module manages this workload by:
- Centralizing all requests through customizable questionnaires, connected via API to your ticketing tools.
- Using an intelligent alert system to track legal response deadlines and help you avoid regulatory sanctions.
Data Breach Module: Responding within the 72-hour window
In the event of a data breach, whether from a cyberattack or a leak, the mandatory 72-hour countdown begins immediately. The Adequacy Data Breach module streamlines your response by:
- It provides step-by-step guidance for qualifying data breaches.
- It helps instantly determine whether notification to the supervisory authority and communication to the affected individuals are mandatory.
- It logs the facts in your internal breach register.
Siloed or integrated approach: which model should you choose for GDPR and the AI Act?
The integrated approach links GDPR compliance and AI Act compliance on a single platform, whereas the siloed approach manages them separately. The comparison focuses on three operational challenges:
- Mapping
- Siloed approach (old-school): a GDPR register on one side, an inventory of AI tools on the other.
- Adequacy integrated approach: native linking, with each AI tool connected to the processing activities in the register.
- Risk assessment
- Siloed approach: a proliferation of Excel spreadsheets and redundant meetings.
- Adequacy integrated approach: DPIAs and AI Act compliance files centralized on the same platform.
- Ongoing maintenance
- Siloed approach: rapid data obsolescence and significant compliance debt.
- Adequacy integrated approach: automation, update alerts, and continuous compliance.
Conclusion: successfully benchmarking GDPR software in the age of the AI Act
The 2026 regulatory landscape leaves no room for improvisation or makeshift solutions. The emergence of the AI Act highlights a fundamental truth: data is the fuel of the enterprise, but that fuel must be controlled.
Stop viewing compliance as a punishment. Once you have benchmarked your GDPR software, a sovereign, collaborative, and modular platform like Adequacy turns strict legal requirements into a driver for governance and performance. It’s a great way to reassure your clients, your partners… and your DPO at the same time. To see the platform in action, you can request a demo of the Adequacy platform.
FAQ - GDPR and AI Act: Questions for beginners
Where should you start when you have neither a GDPR register nor an AI map?
You need to start by mapping what is already in place. Identify key data processing activities and the software tools used, including generative AI. Using pre-configured processing record templates allows you to quickly achieve an initial level of compliance and then link each AI tool to the processing activities in your register.
Does the AI Act replace the GDPR?
No, the AI Act does not replace the GDPR; it builds upon it. Artificial intelligence systems feed on data—often personal data—to learn, train, and make predictions. An AI trained on data collected unlawfully under the GDPR is therefore non-compliant under the AI Act. Mapping AI usage must be built on a foundation of GDPR compliance.
Can legitimate interest be used to train an AI on customer data?
Yes, it is possible, but it is strictly regulated. Legitimate interest requires proving a rigorous balance between the company's needs and the rights of individuals. You must verify the compatibility of purposes and document the decision using a Legitimate Interest Assessment (LIA) to prepare for potential audits.
Is a Data Protection Impact Assessment (DPIA) always mandatory with AI?
A DPIA is almost always mandatory when using AI. As soon as an AI system performs profiling, processes sensitive data, or makes automated decisions with a significant impact, conducting a DPIA is legally required. More broadly, any processing that presents a high risk or uses predictive algorithms requires a DPIA.
What should you do in the event of a personal data breach?
In the event of a personal data breach, such as a cyberattack or a leak, the 72-hour regulatory deadline begins immediately. You must qualify the breach, determine whether notification to the supervisory authority and informing the affected individuals is mandatory, and then record the facts in your internal breach register.
