Is my business liable even if I just use standard ChatGPT and have not built a custom bot?
Yes. Liability attaches to use, not to custom development. As soon as you use the bot in a business context — whether as a customer-support tool, sales assistant, or internal helper with customer contact — you are the controller under DSGVO and a commercial actor under UWG. The provider (OpenAI, Anthropic, Microsoft) is merely a data processor. Responsibility towards your customers rests entirely with you, and the OLG Hamm cemented exactly that point in the Aesthetify ruling.
This question is part of our article on "AI Chatbot Lies? Your Business Is Liable — The OLG Hamm Ruling". You'll find the full context and all related angles there.
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