Contents10
- 01Where your data goes, level by level
- 02Level 1: the API as is
- 03Level 2: the API under contract
- 04Level 3: an open model in a private cloud in Europe
- 05Level 4: on-premises
- 06And what about RAG?
- 07How to choose the right level, task by task
- 08What these levels do not solve
- 09Where to start
- 10Frequently asked questions
A private AI in business is not a product you buy: it is a degree of control over what becomes of your data. Behind the words “private AI”, “sovereign AI” or “closed AI”, only one question matters: when an employee or an automation queries a model, where does the data go, and who can access it? This comparison, from our Business AI: private and at the right cost section, sets out four levels, then gives a grid for choosing.
In short
ChatGPT’s and Claude’s models cannot be installed on your own premises: either you govern them with a contract, or you run an open model on a machine you control.
A contract governs what the provider does with your data, not the laws that apply to it.
A RAG sends extracts of your documents to wherever the model runs: it belongs at the level that suits the documents it reads.
A grid that classifies data (public, internal, personal) says where to send each use.
Where your data goes, level by level
We distinguish four levels:
From least to most controlled
- The API as is
Your requests go to the model’s vendor, on its standard terms.
- The API under contract
Your requests go to the same provider, with a data processing agreement, a no-retention option and a chosen processing region.
- An open model in a private cloud in Europe
You rent a machine and install on it a model whose weights are published.
- An on-premises model
The machine is at your site, nothing leaves the company network.
The CNIL (France’s data protection authority) sets out the issue in its questions and answers on generative AI. With an API, “control of the system is then almost exclusively in the hands of the provider”; an on-premises installation, by contrast, makes it possible to “limit the risks of data extraction by a third party”, at the price of operations you have to take on. No level is right for everything, and a single company can use several.
Level 1: the API as is
This is the starting point of most projects: an API key, a model from the market, the provider’s terms and conditions. The big vendors make commitments on their business offering: at Anthropic, the page on data retention states that retained data is never used to train models without the customer’s express permission.
This level does not guarantee where processing happens. On Anthropic’s direct API, as of October 2026, the inference geography can be chosen between “global” (any region) and “us” (the United States), with no European option, and retained data is stored in the United States, the only storage region on offer. For public content (product pages, articles, pages already online), this level is often enough, and it is the cheapest. For personal data, you need at least the next level.
And this level has nothing to do with a consumer subscription opened by an employee with a personal email address. For such services, the CNIL recommends “never sharing confidential information such as personal data or company data”.
Level 2: the API under contract
Same model, same performance, three extra safeguards:
- A data processing agreement. As soon as your requests contain personal data, the provider processes it on your behalf, and Article 28 of the GDPR requires a contract that sets what it may do with it.
- No retention. At Anthropic, the “zero data retention” agreement is requested from the sales team, and it has exceptions.
- A processing region. Through a large cloud (Amazon Bedrock, Google Cloud), you choose a regional endpoint, which guarantees that data is routed through a specific geographic zone; Anthropic’s pricing page says it costs 10% more than a global endpoint. The cloud provider then becomes the processor, and you still need to check that the model you want is offered in the chosen region.
Watch out
Anthropic’s zero data retention does not cover everything
Code execution keeps its environment’s data for up to 30 days, batch processing for 29 days, and some top-end models (the Fable and Mythos families) require 30-day retention. Even under this agreement, an exchange picked up by the vendor’s automated safety systems can be kept for up to two years. What is covered has to be checked feature by feature.
The limit of this level fits in one sentence: a contract governs what the provider does with your data, it does not exempt the provider from the laws of its country. When the infrastructure is outside the European Union or “operated by a non-European provider”, the CNIL also asks that the processing of the data by its recipient be regulated. We detail these obligations in our guide AI, GDPR and the AI Act: what an SME must do.
Level 3: an open model in a private cloud in Europe
Here, you no longer rent a service, you rent a machine. Some vendors publish the “weights” of their models, meaning the model itself: the French company Mistral AI, for instance, publishes several of its own, from Ministral 3 to Mistral Large 3, under the Apache 2.0 licence. They are installed on a server with a GPU rented from a European host, and requests no longer leave that infrastructure. Three things change:
- The bill is paid per machine, whether it is working or not: that is worthwhile at a steady volume, much less so for a few requests a day.
- Quality depends on the model the machine runs. An open model of reasonable size can be enough to sort, extract or summarise; it should be judged on your own examples before you entrust a task to it.
- Operations fall to you: updates, monitoring, backups. This is the real cost of this level, and it appears on no price list.
Level 4: on-premises
The model runs on a machine installed on your premises. When the system is given customer or employee data, or sensitive or strategic documentation (for example for a RAG), the CNIL writes that it “generally seems more appropriate and more secure” to favour this on-site deployment, while noting that the cost of installing and operating it often makes it “easier” to use remote hosting.
From the field
In our case, the open model runs on a rented server, not on our premises
We operate this server ourselves, and it also runs a CRM (Twenty) and automations (n8n) in production. For the tasks where the data must not leave, we use Ollama, software that runs open models, in production on it. The requests handled this way do not go to any model provider; in exchange, quality is that of a model this server can run, and the updates are down to us.
And what about RAG?
RAG (retrieval-augmented generation) gives the model, for each question, the extracts of your documents that answer it. The direct consequence: the extracts of your documents go wherever the model runs. A RAG over your contracts connected to a level 1 API sends pieces of contracts to the provider with every question. Two things need checking besides the model:
- the vector database, which stores your documents split up and indexed, must be at the same level of control as the model;
- the computation of embeddings, the numerical fingerprints used to find the right passages, often goes through another API: that is a second data flow to be governed.
The CNIL specifies that a company that “chooses to connect the system to its own knowledge base (RAG)” is responsible for this processing as soon as the base contains personal data. We detail the rest in our article on RAG applied to a company’s documents.
How to choose the right level, task by task
The CNIL recommends “starting from concrete needs to choose the most suitable system and taking into account the risks incurred”. We therefore start from a grid that classifies data, not tools:
| Data involved | Examples | Where to send it |
|---|---|---|
| Public | product pages, articles, pages already online | any level, at the best price |
| Internal, non-personal | procedures, knowledge bases | level 2, with a provider that commits not to retain the data or train on it |
| Personal or regulated | HR, health, legal, identifiable customer data | level 3 or 4, or a European provider under contract; never a consumer offering, never a non-EU provider without a framework |
This grid is ours, not a standard. A provider’s commitment is checked at the time of choice, the grid is discussed with your data protection officer, and it changes if your customer contracts require specific hosting.
A single application can mix levels: a router sends each request to the level that suits its data, a market model for public data, a local model for anything involving people. The rule must then be written down, tested and logged, because sensitive data sent to level 1 by mistake is an incident to be handled as such.
What these levels do not solve
No level makes a model reliable: a model installed on your premises makes as many mistakes as any other, and its answers need checking in the same way. None replaces usage rules, which the CNIL recommends setting “through internal policies or charters, clearly defining authorised and prohibited uses”. Choosing the level is only one of the five decisions in our guide to integrating AI in your business, along with the task, the model, the cost and these rules. And an in-house server with no updates or backups protects less than a well-run level 2.
Where to start
The starting point comes down to three steps:
- List.
Note your current uses, the data each one sends and the level at which it runs today.
- Compare.
Set your uses against the grid: the gap jumps out.
- Cost.
Before moving a use, work out what the target level would cost: pay-per-use tokens on one side, the machine and its operation on the other.
To get a sensitivity grid for your own data and find out which uses can stay where they are, see our AI at the right cost offer.
Frequently asked questions
Can you install ChatGPT or Claude models on your own servers?
No. The models that power ChatGPT and Claude cannot be downloaded: they are used through an API, directly or via a large cloud. On your own servers, you install a model whose weights are published, such as the Mistral AI ones mentioned above. It is a different model, with its own strengths and limits, to be evaluated on your own tasks before you entrust anything to it.
At what volume does a self-hosted model cost less than an API?
There is no universal threshold. An API is paid per use, a machine is paid for whether it works or not, on top of operating time. The calculation is therefore done on your real volumes: the monthly cost of tokens on one side, machine rental and maintenance on the other. For irregular use, the API often wins; for a constant flow of sensitive data, the question genuinely arises.
Does a “sovereign” AI protect against the Cloud Act?
Not necessarily. Since March 2018, the Cloud Act requires a provider subject to US law, when US authorities demand it, to hand over the data in its possession, custody or control, whether it is stored in the United States or elsewhere. What matters, then, is not where the model comes from but who operates the service. A European model hosted by an American provider raises the same question as any other.
What happens to data sent to Anthropic’s API?
According to its documentation, it is not used to train models without your express permission. Zero data retention is requested from the sales team, but it covers neither batch processing (29 days), nor code execution (up to 30 days), nor the Fable and Mythos models (30 days). A flagged exchange can be kept for up to two years. With any other vendor, read the equivalent page before sending anything.
Sources
- Its questions and answers on generative AI (new tab)cnil.fr
- The page on data retention (new tab)platform.claude.com
- The inference geography (new tab)platform.claude.com
- Article 28 of the GDPR (new tab)cnil.fr
- Anthropic’s pricing page (new tab)platform.claude.com
- Under the Apache 2.0 licence (new tab)docs.mistral.ai
- The Cloud Act (new tab)law.cornell.edu
Jim · founder of Brain Plus AI
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