My (not a lawyer) understanding is "no", because Microsoft is not administering the model (making available the chatbot and history logging), not retaining chats (typically, unless you configure it specifically to do this), and any logs or history are only retained on the customer's servers or tenant.

Accessing information on a customer's server or tenant (I have been assured) would require a court order for the customer directly.

But... as an 365 E5 user with an Azure account using the 4o through Foundry... I am much more nervous than I ever have been.