Enterprise — An Individually Agreed Setup for Holders of Professional Secrets

Convenience translation for information purposes only. The legally binding version is the German original. In case of any discrepancy, the German version prevails.

Non-binding product information. Rights and obligations arise exclusively from the individually concluded Enterprise contract. The Enterprise setup is agreed separately and is not part of the standard plans. This page describes what can be agreed in an Enterprise contract — it says nothing about what is already in place today. Version: August 2026

Who It Is For

For holders of professional secrets (lawyers, physicians, tax advisors, auditors and others) and other organizations with heightened requirements for confidentiality and protection against seizure. "Protected Secret Data" means the third-party secrets subject to the customer's professional duty of confidentiality (cf. the professional secrecy undertaking under Section 203 of the German Criminal Code (StGB), Annex 4 to the DPA).

Starting Point: What the Standard Plans Already Cover

So that it is clear what the Enterprise setup adds, first the position today under the Essential and Professional plans:

• Processing in the EU. The platform is operated in Germany, the AI inference in France (Scaleway, Paris region). The region is pinned; there is no failover to other regions (§ 2 (3) of the GTC).
• Data processing agreement under Art. 28 GDPR including the technical and organisational measures (Annex 2) — available to read in full.
• The Provider's own professional secrecy undertaking under Section 203 StGB (Annex 4). It binds the Provider itself and is available under the standard plans as well.
• No storage, no content logs, no training in normal operation, subject to one narrow, disclosed exception: on system errors or detected misuse, the inference data centre may temporarily retain the content of individual requests for root-cause analysis (§ 2 (3) of the GTC, § 4 No. 2 of the DPA).

What the standard plans do not provide: no Section 203 undertaking from the remaining links in the processing chain, no AI inference in Germany, no contractually fixed handling of seizure situations, no dedicated infrastructure. The inference provider used under the standard plans does not give a professional secrecy undertaking; its staff are bound to confidentiality under Art. 28 (3) (b), Art. 29 GDPR, which is a different thing. Those points are precisely what the Enterprise contract is about.

What Is Agreed in the Enterprise Contract

1. German hosting of the AI inference. On request, we set up the AI inference in a German data centre; the provider is bindingly designated in the Enterprise contract. The selection follows your requirements (German hosting or confidential computing). The provider chosen becomes a sub-processor for your contract: a data processing agreement under Art. 28 (2), (4) GDPR is concluded before any data flows, and is disclosed to you. Which models are available in a German setup is clarified beforehand — the range of models may differ from that of the standard plans.

2. Section 203 StGB across the entire processing chain. The Provider's own undertaking (Annex 4 to the DPA) exists and binds it already today. In the Enterprise contract we additionally agree a corresponding undertaking with the inference provider deployed for you: protection of the Protected Secret Data, binding its staff under Section 203 (4) StGB, and passing that obligation on to its own sub-processors. Only this chain amounts to a continuous contractual Section 203 undertaking. It is procured per contract — it does not exist in advance, and we do not promise it independently of the provider chosen. If no suitable provider gives that undertaking, the setup does not come about.

3. Handling of seizure situations (Section 97 (2) of the German Code of Criminal Procedure (StPO)). The protection of data held by service providers against seizure is not conclusively settled in law. The Enterprise contract therefore fixes the conduct contractually: Protected Secret Data is not handed over voluntarily; objections are raised against seizures to the extent legally possible; you are notified without undue delay to the extent legally permitted; and the same obligations are imposed on the inference provider deployed, to the extent it accepts them. What can be agreed is conduct. Whether a seizure prohibition under Section 97 (2) StPO exists in an individual case depends on the circumstances and is decided by the courts; it is not warranted and cannot be created by any contract.

4. Dedicated infrastructure. The Generative API used under the standard plans is multi-tenant (shared): content is not retained and not used for training, but the infrastructure is not reserved for one customer alone. On request, we set up a dedicated environment or dedicated inference; scope, operating model and cost are fixed in the Enterprise contract.

5. Handling of the security exception. The temporary retention of individual requests on system errors or detected misuse (§ 4 No. 2 of the DPA) is a condition of the inference provider used today. Whether a provider chosen for you applies the same exception, a narrower one, or none at all depends on that provider's terms; it is expressly governed and disclosed in the Enterprise contract. We do not promise in advance that it falls away.

6. Liability, audit and evidence rights. Under the standard plans, the liability regime of § 9 of the GTC applies. In the Enterprise contract, liability is individually negotiated and may deviate from it; equally, inspection, audit and evidence rights going beyond Art. 28 (3) (h) GDPR can be agreed. Which liability amounts and audit rights ultimately apply follows from the negotiation; that is not pre-empted here.

Questions to Settle Before an Enterprise Contract

• Do you need Enterprise at all? For many uses, Essential or Professional with the DPA and Annex 4 are sufficient. Enterprise is the route if you need a Section 203 undertaking across the entire processing chain, AI inference in Germany, contractually fixed conduct in seizure situations, or dedicated infrastructure. If we do not see the need, we say so.
• Who becomes a sub-processor? Every provider deployed for your setup is named in the Enterprise contract, contractually bound under Art. 28 GDPR before the first data flows, and disclosed to you. We do not designate any provider as settled in advance.
• How long does the setup take? That depends on whether a suitable provider gives the required undertakings, and on the extent of your requirements. We do not promise a deadline in advance.
• What about Section 43e BRAO, Section 62a StBerG, Section 50a WPO and the medical professional codes? These provisions permit the involvement of assisting persons and require you to select and bind them carefully. The DPA and Annex 4 are the building blocks for that; the selection decision and its documentation remain yours.
• What happens at the end of the contract? Deletion or return follows the DPA and the TOMs incorporated there; deviating requirements (such as evidence or deadlines) are fixed in the Enterprise contract.

What Enterprise Is Not

• Not a certification. Enterprise is a contract, not a certificate. The Provider holds no certifications of its own (ISO 27001, SOC 2); certifications held by individual sub-processors are theirs, not ours.
• Not a BSI approval, not a C5 attestation. There is neither an examination or approval by the BSI (the German Federal Office for Information Security) nor a C5 attestation against the BSI criteria catalogue — neither for the Enterprise setup nor for the service as a whole.
• Not a VS-NfD clearance. The service is not approved for the processing of classified information; "VS-NfD" and above are excluded.
• Not a confirmation that your use is permissible under professional law. No provider can certify that a particular use is permissible under your professional rules. That remains a question for your Kammer (professional chamber) or your adviser. We supply the technical and contractual prerequisites, not the permission.
• Not a seizure prohibition. What is agreed is the conduct in seizure situations, not the statutory protection itself.
• Not absolute security, and not an exception-free zero-retention promise. We harden to current standards; the disclosed security exception (No. 5) continues to apply unless it is contractually excluded. Details under Security.
• Not a standard product. There is no orderable Enterprise tier, no feature list to tick off, and no price on file.

Important Notice

The specific provider and the exact scope of the Section 203, seizure, liability and infrastructure arrangements are bindingly determined in the Enterprise contract. Until it is concluded, none of these undertakings exists. They also apply only to the extent that exclusively the models and processing routes designated for this purpose are used; the Enterprise contract lists these exhaustively.

Scope and Price

Scope and price are determined individually. They depend on which of the building blocks above you need, which provider gives the required undertakings, and how the environment is scoped. There is no list price; a quotation follows the clarification of requirements.

How to Get the Enterprise Setup

The Enterprise setup is configured individually and agreed in a separate contract. Please arrange a conversation via privatai.com/contact.