The context

One action, three separate frameworks

Agencies handle everything fraudsters look for: IDs, bank details, tax notices, signing dates. Account takeover has become the number one threat for businesses, and transfer fraud has nearly doubled. These attacks are not always sophisticated: a reused password is often enough.

In France in 2025, account takeover accounted for 21% of assistance requests from businesses and associations (+52% year on year). Cases involving transfer fraud rose by +93% compared with 2024. — Cybermalveillance.gouv.fr

With AI, access also becomes an internal question. On a personal account, the chat history follows the employee when they leave the agency. And an assistant connected to the CRM can open files that should never be disclosed.

Three frameworks answer three different questions:

FrameworkQuestionWhat it governsAgency example
GDPRAm I allowed to process this data, and how?Personal data: legal basis, purpose, retention period, processorsPasting a seller's ID document into a tool with no contract in place
Hacking riskCan this data be stolen or misused?Security of accounts and systemsA reused password that opens both the CRM and the AI chat history
AI ActDoes the AI tool meet its obligations, and is it used properly?AI systems: transparency, high-risk uses, staff trainingA chatbot that does not disclose it is an AI

A single action can fall under all three at once. Treating them separately leaves a blind spot.

GDPR

GDPR: control what goes into the tool

Whatever you paste into an AI tool is still personal data. GDPR does not create new rules for AI, but all of its principles apply.

01
A contract with the provider
When an agency uses professional software, a data processing agreement (GDPR Article 28) governs data protection. With a personal account there is no such contract: the agency does not know where the data goes or how long it is kept.
02
No automated decision without a human
A rental application rejected solely because a tool misclassified it is exactly what GDPR Article 22 regulates. AI supports the decision and saves real time reading files, but only a human decides.
03
Collect no more than necessary
In France, the list of documents a landlord may request from a prospective tenant is set by decree (No. 2015-1437). An AI tool that “analyses” an application must not be used to obtain more.

Security

Hacking risk: protect the data itself

GDPR says what you are allowed to do with data received from a client or prospect. Hacking raises a different question: how do you protect that same data? It does not require any mistake by the user. It exploits weaknesses, sometimes basic ones.

A password reused across several services is enough to open a mailbox, a CRM and, with them, the history of conversations with an AI assistant — which may hold names, amounts and signing dates. That is the raw material for a convincing transfer fraud.

With AI, the threat also moves inside the agency: an assistant plugged into the CRM sees whatever the account using it can see. If everyone can access everything, so can the AI.

Two measures cover most of the risk: strong authentication (two-factor) on email, CRM and the AI tool, and role-based access control — each employee, and each AI agent, only opens the files they need.

AI Act

The AI Act: govern the tool and how it is used

Adopted in 2024, the EU regulation on artificial intelligence applies in stages. Its transparency obligations have been in force since 2 August 2026. Four points directly concern agencies.

01
A chatbot must disclose that it is an AI
A visitor on your website or messaging channel must know they are not talking to an agent. A clear notice from the first message is enough.
02
AI-generated content must be labelled
Virtual home staging is included. An AI-edited image that could pass for real must be identified as such. A line such as “photo edited by AI, furniture not included” is enough — and avoids disappointing a buyer at the viewing.
03
Some uses are high-risk
Automated screening of job applications is among the most tightly regulated uses. The corresponding obligations have been postponed to 2 December 2027, but they are not going away.
04
Staff training is already in the text
Since February 2025, the AI Act has required companies to take measures so that their staff understand the AI tools they use. A trained team means the 6:45 pm agent will not make the same mistake again.

Back to 6:45 pm

Where the three overlap

Back to the opening scene. One action, three separate failures:

GDPR
Personal data in a tool with no contract
No data processing agreement, an unclear purpose, an unknown retention period.
Security
A personal account, with no control
The history is outside the agency and stays exposed if the account is compromised or the employee leaves.
AI Act
An untrained team
The agency has not taken measures to ensure its staff understand the AI tools they use.

Take action

Three steps for Monday morning

01
A one-page policy
What can be shared with AI, and what never is: ID documents, bank details, named arrears, floor prices. One page that gets read beats twenty pages that get ignored.
02
A business account, not personal accounts
A tool chosen by the agency, with a contract, managed access and a history that stays with the agency when an employee leaves.
03
Human review before anything is sent
Report, minutes, letter: AI drafts, a human approves.

AI saves teams real time. The goal is not to ban it, but to know what goes in, who has access, and who is accountable.

Further reading

Sources and references

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