Using the OpenAI API from the EU
Nearly every EU developer uses the OpenAI API — directly or through an intermediary. That works fine, until procurement, a DPO or a customer contract asks for clear answers about data, VAT and jurisdiction. This overview sets out the facts and shows where an EU intermediary like Gatewaybird fits.
Contracting directly with OpenAI
If you contract directly with OpenAI B.V. (Ireland) or OpenAI Inc. (US), you deal with US law in the standard terms and dollar invoicing without Dutch VAT specification. OpenAI offers the EU Data Boundary: processing inside the European Economic Area. That is a serious option — but you are responsible for the assessment yourself, and you need a separate account and billing setup.
Through an intermediary like OpenRouter
Many teams buy their model access through an aggregator: one account, one invoice, switching between models without new accounts. The downside: the intermediary is itself a US entity, so your data flow runs through an extra party outside the EU — exactly what you wanted to avoid. The transfer to a US intermediary must be separately justified to your DPO.
Through an EU intermediary
An EU-established intermediary combines the aggregator convenience with a clean story for compliance: contract under EU law, invoice with Dutch VAT, and a data processing agreement that fits your records of processing. Gatewaybird is built for that role: the same OpenAI-compatible endpoint, but contracted in the Netherlands.
VAT on API costs
Buying directly from a US provider usually means reverse-charge or unclear VAT treatment on your credit card statement. A Dutch supplier sends an invoice with 21% Dutch VAT that you recover as a business in your return — properly documented and directly bookable.
Frequently asked questions
Is the OpenAI API banned in the EU?
No, not at all. The OpenAI API is perfectly usable from the EU. The discussion is about the conditions: where data is processed, which law governs your contract, and how you justify that under the GDPR. For many business use cases those questions are answerable; for sensitive sectors they are not.
What is the OpenAI EU Data Boundary?
An OpenAI programme in which processing of European customer data stays within the EEA. It partly solves the processing location, but not the contracting party, the invoicing, or the extra accountability towards your own DPO.
When do I choose an EU intermediary?
If you want to use multiple models through one account, and you want a clean EU story for your DPO or customer. You swap base URL and key, and your contract, VAT and processing sit in the EU.
Is my prompt really not processed outside the EU via Gatewaybird?
Proxy processing (authentication, metering, logging) happens in the EU. The model itself may run at a US provider — that depends on your model choice. Gatewaybird shows per provider where processing happens, so you make a deliberate choice per use case.
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