Before You Use AI: A Checklist for Protecting Confidential and Proprietary Information - Short Version

AI tools are becoming irreplaceable time savers. AI can take notes at meetings, analyze and summarize
data and reports, search and synthesize technical information, and prepare investor and board decks, to
name just a few. And DHL is a proponent of using AI for many company processes, including those
related to intellectual property.
However, AI tools, without the appropriate legal guard rails, can jeopardize your IP. Letting AI
capture sensitive information without the right Terms & Conditions can lead to unintended disclosures,
which can end up with competitors, forfeit patent rights, strip trade-secret protection, and waive attorney-client privilege.
The Terms & Conditions are key. Run the checklist below on an AI provider’s Terms & Conditions,
and the answers will tell you if this AI tool provider has the necessary legal safeguards to ensure your
confidential information and other valuable IP is secure.
AI Terms & Conditions Checklist:
☐ You own all recordings, transcripts, and summaries.
☐ You control retention and permanent deletion.
☐ Your data is not used to train AI models.
☐ The vendor takes reasonable steps to maintain confidentiality.
☐ Third-party access is limited to a need-to-know basis and subject to Terms & Conditions at
least as restrictive as your own.
If you can’t confirm these points in the Terms & Conditions, look for another AI provider.
Here are 3 providers whose Enterprise Terms & Conditions passed our test, at least as of this publication
date (but confirm for yourself before implementing them):
Anthropic
OpenAI
Zoom
For more details, see our full post at https://www.doublehelixlaw.com/post/before-you-use-ai-a-checklist-for-protecting-confidential-and-proprietary-information-full-version.
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