What to Do When Your Employees Are Using Chatbots

Whether you are a Legal Ops professional or an in-house counsel, you need to think about organizational risks that result when your employees start using generative AI (GAI) in the workplace, according to the Association of Corporate Counsel (ACC). Although those employees may already be using chatbots at work, they may have little awareness of the risks involved, for example:

• Performance risks such as errors and biases
• Security risks, including misleading information and potential cyberattacks
• Business risks like reputational damage and conflict with organizational values
• Control risks such as the loss of privacy
• Intellectual property, which includes trade secret and copyright risks

Having a policy in place to manage GAI tools, including chatbots, will be critical. Here are some things to consider when you start developing your organization’s policy:

• Provide guidance to your law department on how to manage the competing dynamics of risk versus efficiency and productivity.
• Educate your top management and board or board risk committee on the specific risks your organization faces.
• Commit to examining the use cases and working with internal departments to determine the proper balance of risks and rewards.
• Work closely with various internal constituencies and engage people at all levels and ages to find out what people want before you develop a policy that can be implemented.
• Be aware there may be regulatory barriers or prohibitions to the new technology. For instance, you may not be able to use an AI chatbot and be compliant with HIPAA.

With regard to vendor contracts, explicitly prohibit the use of any company data or information to be used for vendor training or other business objectives. After your policy is in place, resolve to keep learning, evaluating, and being ready to change.