[shortsunblack]

OpenAI is breaching relevant laws that regulate data protection. Being compelled by a foreign power, for instance, are not grounds for data processing under GDPR.

OpenAI has not started to "be incompliant" with GDPR with this order, yes. More like OpenAI was always incompliant because it does not have relevant controls installed that mitigates extraterritorial tendencies of US law.

Regardless of legality of retention this order brings, them not notifying their users (the court did not compel them to hide this from their users (no gag order is in place) about this material change of data processing, could be constituted as breach of various consumer protection laws, misrepresentation, unfair dealing, false advertising and related.