If your employees are using ChatGPT or other large language models (LLMs) artificial intelligence (AI) platforms for work, bad things can happen. One way to protect your company from harm is to ban use of LLMs in the workplace. But while safe, that approach will also cost you the potential benefits of LLM use. Accordingly, you may be better served by allowing such use while implementing a policy that establishes guidelines to manage the potential dangers. Here’s a template you can adapt to guard against the legal risks associated with workplace LLMs use.
ABC Company recognizes that employees may seek to use ChatGPT, Bard, Bing or other artificial intelligence large language model (LLM) services provided by third parties to conduct business or perform work-related tasks. The purpose of this Policy is to establish guidelines to ensure that employee use of LLMs is ethical, lawful and compliant with all applicable laws, regulations, professional standards and ABC Company HR policies and codes of conduct.
- SCOPE OF POLICY
This Policy applies to all ABC Company employees, contractors, temporary workers, interns, volunteers or third parties with access to LLMs, regardless of whether that access is via ABC Company-owned or personally-owned computers and devices used for work purposes in accordance with the Company’s bring your own device (BYOD) policy and protocols. For simplicity’s sake, this Policy will use the term “employees” to refer collectively to all such individuals covered by the Policy.
Employees are authorized to use LLMs solely for work-related purposes, including but not limited to generating text or content for reports, emails, presentations, images and customer service communications and only in accordance with the requirements set forth in this Policy and other applicable ABC Company policies, procedures and protocols.
- GUIDELINES FOR LLMs USE
Employees must comply with the guidelines set forth in this Section when using LLMs.
4.1 No IP Infringement
Employees must comply with all copyright, patent, trademark, trade secret and other applicable intellectual properties when using LLMs, including among other things, by not using LLMs to generate content that infringes upon the intellectual property rights of others. Employees who are unsure whether a particular use of an LLM constitutes infringement must ask their supervisor or the ABC Company HR department for guidance. Employees must also get express permission before incorporating any property that is or may be subject to copyright, patent or other protection under intellectual property laws into their own work product.
Employees must comply with all applicable data privacy and security laws and ABC Company policies when using an LLM. That includes refraining from entering any confidential or proprietary information about ABC Company or its business, operations, clients or personnel into an LLM tool due to the risk of that information’s entering the public domain.
4.3 Beware of Hidden Discrimination
Employees must be aware that hidden and inadvertent biases embedded in LLM data, algorithms and design may result in the generation of content that is discriminatory and/or offensive to individuals of certain races, religions, nationalities, genders, ages, disabilities or other personal characteristics or circumstances that human rights laws protect from discrimination and harassment. Employees must be sensitive to these risks and use LLMs responsibly and ethically in compliance with human rights and other applicable laws, as well as ABC Company anti-discrimination policies and codes of conduct. If you are unsure whether LLM-generated content is discriminatory or offensive, do not use it without first seeking guidance from your supervisor or the HR department.
4.4 Data Security
Employees must be aware that LLMs may store sensitive data and information, which could be at risk of being breached or hacked, and follow all ABC Company data security protocols.
- VERIFICATION OF ACCURACY
Be aware of the risk that LLMs may generate inaccurate or unreliable information. Accordingly, employees must exercise caution when relying on LLM generated content and ensure that they review and edit all responses for accuracy before incorporating the content into their work product, relying on the content to make important business decisions or otherwise utilizing the content.
- LABELLING OF LLM CONTENT
Employees must ensure that content produced via an LLM is labeled or footnoted to clearly indicate that it contains LLM information.
Failure to comply with this Policy will be treated as serious misconduct that may result in disciplinary action, up to and including termination, in accordance with ABC Company disciplinary policies and the terms of applicable collective agreements. Employees who are aware of violations should report the misconduct to the HR department. No employee will be subject to retaliation, discrimination or adverse treatment of any kind by ABC Company or any of its personnel or agents in reprisal for reporting Policy violations in good faith.
By using an LLM at or for work, employees acknowledge that they have read and understood this Policy, including the risks associated with the use of LLMs, and that they agree to comply with this Policy and report any violations or concerns to the HR department or other appropriate authorities.