Protecting Confidential Information In The Age Of AI

Businesses are increasingly integrating Artificial Intelligence (AI) tools into all aspects of their operations. But what implications do these developments have when confidential information is shared with other organizations? For example, partners in a joint venture may be bound by terms requiring project details to be maintained confidentially, but what additional considerations arise when one or both partners use AI tools on aspects of the project? While AI offers undeniable benefits, there are heightened risks when proprietary business information intersects new, unknown or developing technology. Parties contemplating sharing such information under a non-disclosure agreement would be well advised to include terms that take the potential use of AI into account.