---
title: "Engagement clause: client authority for AI processing of confidential information (rider to the AI engagement clauses)"
url: "https://ailawframework.com/precedents/confidentiality-and-client-information/client-consent-ai-processing-clause"
type: "precedent"
site: "AI Law Framework"
id: "a51-client-consent-ai-processing-clause"
area_id: "A51"
kind: "clause"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Engagement clause: client authority for AI processing of confidential information (rider to the AI engagement clauses)

> Confidentiality rider for the engagement letter: the firm's safeguards for AI processing, the client's express, limited or refused authority under ASCR r 9.2.1, and overseas processing.…

Canonical page: https://ailawframework.com/precedents/confidentiality-and-client-information/client-consent-ai-processing-clause  
Law stated as at: 2026-10-17

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

Confidentiality rider for the engagement letter: the firm's safeguards for AI processing, the client's express, limited or refused authority under ASCR r 9.2.1, and overseas processing. Use with the AI engagement and costs clauses, not instead of them.

## Key facts

- Kind: Clause. Wording to drop into a longer document.
- Practice area: [Confidentiality & client information](https://ailawframework.com/precedents/confidentiality-and-client-information.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 3 authorities it cites, for Australia.

## When to use it

Add to the AI engagement and costs clauses where an express authority is wanted: sensitive matters, corporate clients with outside counsel guidelines, or overseas processing. Its election replaces the consent box in those clauses. It does not override court orders, client instructions on a document or the firm's policy limits.

## How AI may be used

AI may help tailor the clause to the matter type and the firm's current tools. The responsible lawyer explains it to the client, records the client's choice and makes sure the matter team follows it.

**AI may:**

- Insert the firm's current approved tool categories and safeguards into clause 1.
- Draft a plain-language explanation for the client's questions, for the lawyer to check.
- Flag matters where the client chose Alternative B or C so the team's workspace settings match.

**AI must not:**

- Must not record a client's consent; only the client can give it, and the lawyer records it.
- Must not describe safeguards that the firm's contracts do not provide.
- Must not be used to change the clause after the client has signed.

**The lawyer checks:**

- The safeguards described match the vendor contracts for each tool category.
- The client's election is recorded in the matter system and applied to the workspace.
- Overseas processing is described accurately for the tools used on the matter.

## Authorities

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9.1 and r 9.2.1 (confidentiality; disclosure authorised by the client)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)
- [Privacy Act 1988 (Cth) Sch 1 APPs 6 and 8 (use and disclosure; overseas disclosure)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Law Society of NSW, Legal Practice Board of WA and Victorian Legal Services Board and Commissioner, Statement on the use of artificial intelligence in Australian legal practice (6 December 2024)](https://lsbc.vic.gov.au/news-updates/news/statement-use-artificial-intelligence-australian-legal-practice)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/confidentiality-and-client-information/client-consent-ai-processing-clause and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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