---
title: "List confidentiality issues for generative tools in an outsourcing draft"
url: "https://ailawframework.com/practice/banking-and-finance/draft-ai-use-clauses-in-an-outsourcing-agreement/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A3-B8-2-US"
practice_area: "Banking & Finance (Lending, Securities, Project Finance)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List confidentiality issues for generative tools in an outsourcing draft

> List whether the draft says the vendor may train on inputs, who may see client information, and who must check output. Do not write a clause.

Canonical page: https://ailawframework.com/practice/banking-and-finance/draft-ai-use-clauses-in-an-outsourcing-agreement/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Banking & Finance (Lending, Securities, Project Finance)](https://ailawframework.com/practice/banking-and-finance.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List whether the draft says the vendor may train on inputs, who may see client information, and who must check output. Do not write a clause. |
| What the lawyer must review | Any clause that will be signed is yours. Opinion 512 treats client information entered into a generative tool as a confidentiality problem under Model Rule 1.6 when the tool trains on the input or can disclose it. The opinion also requires competence and a check of output. You decide the allocation of risk. The tool only shows what the draft already says. |
| Written for | United States |
| Applies to | [Draft AI-use clauses in an outsourcing agreement](https://ailawframework.com/practice/banking-and-finance/draft-ai-use-clauses-in-an-outsourcing-agreement.md) |

## Checking plan

- What the AI does: List whether the draft says the vendor may train on inputs, who may see client information, and who must check output. Do not write a clause.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not put the client's draft into a public tool.
- A generated clause is not for signature.

## Sources

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)
- [ABA Model Rule 1.1, Competence](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*