---
title: "Comparison of a provider's terms on storage, training and subprocessors"
url: "https://ailawframework.com/precedents/confidentiality-and-client-information/provider-terms-comparison"
type: "precedent"
site: "AI Law Framework"
id: "a51-provider-terms-comparison"
area_id: "A51"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A51-A20260923-2"]
law_stated_as_at: "2026-10-22"
---

# Comparison of a provider's terms on storage, training and subprocessors

> Side-by-side comparison of two providers' contracts on where material is stored, whether it is used to train a model, how long it is kept, and which subprocessors can see it.

Canonical page: https://ailawframework.com/precedents/confidentiality-and-client-information/provider-terms-comparison  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Confidentiality & client information](https://ailawframework.com/precedents/confidentiality-and-client-information.md)
- Jurisdictions: New South Wales, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 6 authorities it cites, for New South Wales and Commonwealth.

## When to use it

Use when the contracts, or written answers, are already in hand and the practice is choosing which system may see client material. Do not use it to collect answers from a vendor. That questionnaire is a separate document.

## Used for these tasks

- [Compare a provider's terms on storage, training and subprocessors](https://ailawframework.com/obligations/confidentiality-and-client-information/compare-a-provider-s-terms-on-storage-training-and-subprocessors.md)

## How AI may be used

AI may quote the supplied contracts into the comparison table and mark a topic the contract does not mention. The principal decides which provider, if either, may see client material.

**AI may:**

- Extract the clause on each topic from the contract text supplied, with the clause number
- Mark a topic as not stated when the supplied contract has no clause on it

**AI must not:**

- Must not prefer a provider or describe either as safe
- Must not fill a gap with the vendor's website or with a standard clause
- Must not treat a data-processing summary as the contract unless the principal says it is incorporated

**The lawyer checks:**

- Each quoted line is checked against the contract, not against a summary
- Overseas access is classified as disclosure or use on the facts, using the OAIC distinction
- The principal has written the decision, including a decision to use neither provider

## Authorities

- [Statement on the use of artificial intelligence in Australian legal practice (6 December 2024): review contractual terms so client information will be kept secure](https://www.lawsociety.com.au/sites/default/files/2024-12/LS4590_PSP_Statement_AI_LawSocietyVersion.pdf)
- [OAIC, APP guidelines chapter 11 (APP 11.1 and technical and organisational measures)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information)
- [OAIC, APP guidelines chapter 8 (overseas disclosure, contractors and s 16C)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-8-app-8-cross-border-disclosure-of-personal-information)
- [OAIC, APP guidelines chapter 6 (APP 6 limits on use and disclosure)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-6-app-6-use-or-disclosure-of-personal-information)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpulascr2015658/s2.9.html)
- [Victorian Legal Services Board + Commissioner, news item dated 6 December 2024, publishing the joint statement on the use of artificial intelligence in Australian legal practice](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/provider-terms-comparison 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.*