List the privacy clauses in an AI vendor contract
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract the lawyer supplies, copy the clauses on categories, purposes, sale or sharing, service-provider limits, notice if the vendor can no longer meet its obligations, and security measures, with the page of each. Write no due-diligence opinion.
- What the lawyer must review
- Section 1798.100(d) requires a business that collects personal information and sells or shares it with a third party, or discloses it to a service provider or contractor for a business purpose, to enter an agreement that limits the purposes, requires the same level of privacy protection, gives the business steps to help ensure consistent use, requires notice if the recipient can no longer meet its obligations, and gives the business a right, upon notice, to stop and remediate unauthorized use. Subsection (e) requires reasonable security, in accordance with section 1798.81.5, which was not opened. The clause list does not decide that the vendor is a service provider or that the agreement meets subsection (d). Opinion 512 and Model Rule 1.6.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.