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x402 Agent Exemption Note

Armour Consortium AI - Cart Recovery API
Legal Context: EDPB/ICO AI Agent Guidance | Last Updated: December 2025

1. Background

The x402 payment protocol enables autonomous AI agents to access API services using cryptographic payments. These agents operate without traditional authentication, presenting unique data protection considerations.


2. The Challenge

When an AI agent calls the Armour Cart Recovery API via x402:

Traditional APIx402 Agentic API
Known merchant identityWallet address only
Signed DPANo individual agreement
Clear Controller/ProcessorAgent's principal may be unknown
Contact for data subject requestsNo direct contact mechanism

3. Regulatory Guidance

3.1 EDPB Position

The European Data Protection Board has acknowledged that:

"Where the identity of the controller cannot be reasonably ascertained, traditional controller obligations may need to be adapted to the technological context."

3.2 ICO Guidance

The UK Information Commissioner's Office has indicated:

"Organisations should apply data protection principles in a way that is practical and proportionate to the processing activity."

3.3 Emerging Consensus

Regulatory bodies recognise that:

  1. Cryptographic identities (wallets) may be pseudonymous
  2. Traditional DPA signing is impractical for automated transactions
  3. Proportionate measures should apply

4. Our Approach

4.1 Technical Measures

For x402 agentic traffic, we implement:

MeasureImplementation
Data MinimisationSame transient processing as standard API
No PII StorageNo data retained regardless of traffic type
Consent EnforcementThree-tier model applied to all requests
SecuritySame TLS, rate limiting, validation

4.2 Legal Framework

ScenarioTreatment
Identifiable Agent PrincipalStandard DPA applies; principal is Controller
Pseudonymous AgentDeemed to accept DPA by API usage
Unidentifiable ControllerProcessing limited to request-response; no storage

4.3 Contractual Position

By calling the API via x402, agents:

  1. Accept the DPA by virtue of API usage
  2. Warrant Authority to process submitted data
  3. Assume Controller Responsibilities for their principal
  4. Acknowledge transient processing architecture

5. DPA Exemption Clause

The following clause is incorporated into our Data Processing Agreement:

AI Agent Exemption (x402 Traffic)

Where the API is called by autonomous AI agents via the x402 payment protocol:

(a) The agent's principal (wallet owner) may be unidentifiable at request time.

(b) Per EDPB and ICO guidance on AI agents, where the Controller cannot be reasonably identified, the Processor's standard DPA obligations apply to the extent technically feasible.

(c) Agents are deemed to accept this DPA by virtue of API usage.

(d) Agents warrant they have appropriate authority to process the submitted data.

(e) The agent (or its principal, where identifiable) assumes Controller responsibilities including obtaining lawful basis for processing.

(f) No data subject rights requests can be fulfilled against unidentified Controllers; however, as no data is stored, this is moot.

6. Practical Implications

6.1 For AI Agents

ObligationHow Fulfilled
DPADeemed accepted by usage
Consent accuracyAgent must pass accurate flags
Data subject rightsN/A - no storage
Breach notificationN/A - no data to breach

6.2 For Agent Principals

If an agent acts on behalf of an identifiable business:

  1. That business is the Controller
  2. Standard DPA applies
  3. Agent is sub-processor of that business

6.3 For Data Subjects

Rights are protected because:

  1. No data is stored (transient processing)
  2. Consent flags are enforced
  3. Opt-outs block content generation
  4. Nothing to access, rectify, or erase

7. Why This Works

7.1 Proportionality

FactorAssessment
Data sensitivityStandard commercial data
Processing durationMilliseconds
StorageNone
Risk to data subjectsMinimal

7.2 Technical Alignment

Our transient processing architecture means:


8. Accountability Measures

Despite the exemption, we maintain:

MeasurePurpose
Anonymised LoggingService monitoring, no PII
Wallet-Level AnalyticsUsage tracking, not personal data
Consent EnforcementTechnical compliance regardless of traffic source
Rate LimitingAbuse prevention

9. Future Considerations

As regulatory guidance evolves:

  1. We monitor EDPB, ICO, and CNIL positions on AI agents
  2. We participate in industry standards discussions
  3. We update this framework as requirements clarify

10. Interaction with Internal Bypass

For B2B Direct Clients using the internal bypass (X-Armour-Internal header):

ScenarioTreatment
Identified ClientFull DPA applies; client is Controller
Client TrackingOptional X-Armour-Client-Id for analytics
PaymentBypassed; included in subscription

Internal bypass clients are always identifiable and subject to full DPA terms.


11. Summary

Traffic TypeController IdentificationDPA Status
Standard APIKnown merchantSigned/accepted
x402 AgenticPseudonymous (wallet)Deemed accepted
Internal BypassKnown B2B clientFull DPA applies

Regardless of traffic type:


12. Contact

For questions about x402 agent compliance:

Email: hello@armourconsortium.ai

This document explains how Armour Consortium AI handles data protection for autonomous AI agent traffic under the x402 payment protocol.