Rethinking Confidentiality In The Age Of AI

Traditional confidentiality clauses and non-disclosure agreements ("NDAs") were designed for human-to-human exchanges of sensitive information. But as artificial intelligence (AI) begins to play a central role in business operations, these types of agreements need a fresh approach.

A key consideration is whether using AI to store, process, or analyse confidential data counts as a "disclosure"? NDAs generally state that the disclosing party may not disclose the confidential information to any other person, where "person" is often defined as a natural or juristic person. Such NDA does not cover the disclosure of confidential information to AI systems. There's a real risk that data used for training or refining an AI model could be accessed or reused beyond the original intent.