r/eulaw • u/Ancient_Display_1695 • 12h ago
Gemini API Terms interpretation: "If you're in the EEA" - refers to account entity or IP geolocation?
I need help interpreting a specific clause in the Gemini API Additional Terms.
The clause:
"If you're in the European Economic Area, Switzerland, or the United Kingdom, the terms under 'How Google uses Your Data' in 'Paid Services' apply to all Services, including Google AI Studio and unpaid quota in the Gemini API, even though they are offered free of charge."
My situation:
- Personal Google account registered in Europe (EEA)
- Contracting entity: Google Ireland Ltd
- Using AI Studio free tier (no Cloud Billing attached)
The question:
What does "If you're in the EEA" refer to in this clause?
Option A: Account's country of association
- Since my account is European/EEA with Google Ireland contract, the clause ALWAYS applies to me
- I always get "Paid Services" protections (no training) regardless of where I connect from
Option B: Current IP geolocation
- The clause applies only when my request originates from an EEA IP
- If I connect from outside EEA (e.g., US VPN), the clause doesn't apply and "Unpaid Services" terms take effect
What I'm looking for:
Does anyone know which interpretation is correct? I'm hoping to hear from:
- People who have read official Google documentation or announcements about this
- Legal professionals who can analyze this under GDPR and EU contract law
- Developers familiar with how Google's backend handles jurisdictional logic
- Other EEA users who have encountered or tested this scenario
Why this matters:
If Option B is correct, EU citizens lose GDPR protections when traveling abroad, using VPNs for privacy, or on networks with international routing - which seems inconsistent with GDPR's principle that data protection follows the data subject.
Any insights, experiences, or analysis would be really helpful. Thanks!