Do you know that almost 50% of American companies use AI tools like ChatGPT daily? But as it gets more popular, a critical question comes up.
Figuring out how to use ChatGPT's power to its fullest while not breaking your company's non disclosure agreement (NDA) rules — now, don't you agree that's something that requires more than just a balancing act? A touch of challenge, maybe even a pinch of irony, all wrapped in compliance.
How about we delve deeper into navigating and comprehending these potential pitfalls while leveraging ChatGPT in the workspace? There's certainly a unique path.
Care to join us?
An NDA is a legal contract that keeps a company's secrets and plans private. It's like a lock that companies use to keep their important info safe from others.
Confidentiality maintains trust between parties and assures that any shared secrets won't become public knowledge or be used unfairly. This protection helps save business plans, as well as relationships and reputations.
Both NDA and confidentiality agreements help keep secrets safe. But even though they look alike, you need to use them in different situations.
A confidentiality agreement usually protects more types of information. It's often used in jobs or personal matters to keep shared info secret. An NDA, though, is used more in business or law to protect things like trade secrets, money details, or client names.
NDAs can be as different as night and day, each with its own unique touches. So, whether an NDA actually feature guidelines about using AI tools like ChatGPT? Well, it's pretty much down to the specifics in your individual contract.
Hold on, here's the twist: not every NDA provides info for AI usage.
If you're about to sign an NDA and AI tools are part of your work toolkit, it might be time to take a closer look at those terms and conditions. Every dotted line, every clause demands scrutiny. And let's face it — we're no Sherlock Holmes. That's why we need legal professionals to make sure we aren't in the gap of any potential issues.
It's really important to know what kind of data ChatGPT, an artificial intelligence model, collects. Basically, it gathers these types of data:
User interactions: This includes text inputs you provide to the AI model during your interaction. Any information you type in or provide is considered user input.
Operational data: This comprises information related to the interaction itself, such as timestamps, frequency, and duration of use.
Tech information: This is all about the device or software you're using to communicate with the model. It includes stuff like the type of device, the version of your operating system, which browser you're using, and more.
Error information: In case something goes wrong during an interaction, the system can gather details about the issue. This data can help us figure out what happened and make improvements for the future.
If you’re asked to sign an NDA and you expect to use AI tools as part of your work or interaction with another party, ensure you fully understand the terms.
ChatGPT is a amazing AI tool that supports writing, idea generation, language learning, and translation. Even though it’s smart, it doesn’t know about its users. So it can’t guess or reply differently based on private info from any chat. This is crucial to consider when discussing ChatGPT confidentiality.
However, this functionality presents crucial considerations for NDAs within companies. If you plan to incorporate tools like ChatGPT, you must carefully navigate its usage and know its potential challenges.
Risk of confidential information disclosure: If an individual shares confidential information protected under an NDA with ChatGPT, it could potentially be viewed as a breach of the agreement.
Data security concerns: Even though ChatGPT data collection does not store personal conversations, the platform it is integrated with may have different data policies. Any data leaks from these platforms could lead to the disclosure of confidential information.
Inadequate understanding of context: As AI, ChatGPT might fail to understand the sensitive nature of the information shared with it. It can unknowingly provide advice or suggestions that lead to the sharing of confidential information.
Automated responses: ChatGPT's responses are based on patterns and do not take into account the confidentiality of the information involved. This could lead to inappropriate handling of sensitive information.
Dependence on human oversight: Companies must rely on humans to avoid sharing ChatGPT sensitive information. This means you always have to watch over it, which can take a lot of time and effort.
Third-party integration risk: If you use an AI chatbot on other websites, their privacy rules are used, not the company's. These might not be the same as the company's secret-keeping rules.
ChatGPT is becoming widely adopted and commonly utilized in various workplaces, particularly the tech industry. Interestingly, ChatGPT garners 1,7 billion visits per month.
However, more usage can cause new problems, mainly related to data use and following rules about confidentiality.
Is using ChatGPT a violation of NDA? This question surely sparks curiosity. The answer isn't straightforward, it really hinges on how you use it. Thought-provoking, isn't it?
Let’s break down the key factors about ChatGPT content policy warning and confidentiality you need to keep in mind:
OpenAI’s use of input: The ChatGPT terms of use allow OpenAI to utilize the input content for the improvement of its services. There is a potential that designated confidential business information, if inputted, could be retained and accessed by OpenAI staff or their subcontractors.
Uncertainty over data retention: Even when opting out of use for service improvement, it remains unclear whether input data, including confidential information, into ChatGPT might still be retained.
Lack of explicit security assurances: Due to OpenAI’s lack of specific security guarantees, there are data privacy security risks that could potentially result in an OpenAI data breach. Use with caution.
Limitation of liability: OpenAI’s liability limit is $100 or past year’s fees. As contracts are user-based, companies may struggle to claim for ChatGPT confidential information breaches.
Need for privacy notices and justification for processing data: If workers use personal data for business-related purposes with the tool, businesses would likely be considered such information controllers and would need to ensure relevant individuals are aware of the processing and that the employee had valid grounds for the processing.
If you are an employer, you should educate your employees about the potential uncertainties of using AI platforms like ChatGPT, which includes how input prompts are processed. If you need to set limits on staff ChatGPT use, set strict guidelines regarding personal data, intellectual property, client details, or confidential company information.
Here’s the main takeaway in using AI tools like ChatGPT without violating an NDA: keep the confidential information to yourself! Even AI shouldn't know your secrets.
When using these advanced tools, remember to navigate your conversations away from sensitive topics. Keep your work discussions general and harmless to ensure you're keeping your NDA commitments intact.
Additionally, for those seeking resources on how to draft effective NDAs, there’s help at hand. On the Lawrina platform, you can find a comprehensive Non-Disclosure Agreement template to guide you through the process.
There is a seven-day free trial available that gives you broad access to a variety of legal templates. This resource can be exceptionally useful in safeguarding your professional interactions and adhering to confidentiality norms, even when utilizing AI platforms such as ChatGPT.
Check out the NDA template available at Lawrina Templates
Can I use ChatGPT with confidential information? This is a common question among users. But remember, maintaining ChatGPT's confidentiality is key. Enjoy its many features and benefits, but always be mindful not to disclose any sensitive information.
If you have already inputted confidential data in generative AI, consider the following simplified steps:
Navigate to ChatGPT and select Settings.
Locate and click on Data Controls to view more options.
Turn off the option labeled Improve the model for everyone.
OpenAI privacy policy still holds your chat data for 30 days, and may review it. Always abstain from inputting sensitive data, and be sure to “anonymize” any crucial information before using ChatGPT.
So, is it ok to use ChatGPT at work? While ChatGPT is a powerful tool that offers learning and writing help, it's important to use it carefully according to your job contract. When it comes to NDAs or non-disclosure agreements, always think twice.
Not sure whether you can share certain information? It's best to ask for legal advice. Remember, knowing your NDA well can really help you navigate the AI-driven work environment.
Ilona Riznyk is a Content Specialist at Lawrina. In her role, she creates and manages various types of content across the website, ranging from blog articles to user guides. Ilona's expertise lies in meticulous fact-checking, ensuring all the published content is accurate and reliable.