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News & Insights 

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

3 hours ago
2 min read

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


Disclaimer:

The content on this website (including all pages, articles, and comments) is not legal advice, and does not

and is not intended to form or constitute any attorney-client relationship. The content is not a solicitation

for business; it is for educational and entertainment purposes only, and reflects the personal views of the

author(s) only and not those of any past, present, or future client of DHL. Any content should be double-

checked for accuracy and current applicability, and liability is disclaimed for any error or omission.

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