Product and intended use
Define the configuration, people, information and tasks being assessed.
Plan in scope
Not confirmed
This profile covers consumer Claude Free, Pro (from USD 17/month annual or USD 20 monthly) and Max (from USD 100/month). These plans are governed by Consumer Terms, not Commercial Terms. A paid personal subscription is not an enterprise workspace.
Ask: Confirm no one in the firm is putting client or matter data into Free, Pro or Max, including Claude Code signed in with a personal account.
Deployment
Public claim only
Consumer SaaS via web, desktop and mobile. Not a firm-managed tenant. Work email can later be captured into an organisation account.
Ask: How do we block consumer Claude on firm devices and capture existing work-email consumer accounts?
Features
Public claim only
Chat, projects (limited on Free), web search, Claude Code on Pro/Max, Chrome and Microsoft 365 add-ins on Pro/Max. No organisation admin, SSO, SCIM or audit logs.
Ask: List every consumer surface (Chrome, desktop, mobile, Code) that must be blocked on the firm network.
Australia
Public claim only
Australia is a supported country for Claude.ai. Consumer terms are California law.
Ask: Is consumer Claude permitted for any firm use from Australia once client data is involved?
Data, controls and requirements
Compare the actual configuration with firm, client and jurisdiction requirements, supported by evidence.
Unqualified practice and client data
Not confirmed
Consumer Claude can be used by anyone with an account, including non-lawyers. It does not implement practitioner review gates. Putting client confidential information into a consumer generative AI service is the scenario Australian professional guidance treats as high risk.
Ask: Confirm consumer Claude will not be used for client-facing or matter work.
Model provider
Public claim only
Anthropic. Covered Models and ZDR exclusions include consumer products.
Ask: No enterprise model-routing contract exists on this plan.
Subprocessors
Public claim only
Trust Center list includes hosting, Stripe, Intercom, Nutun, Brave Search, TurboPuffer, Persona and Yoti (identity for Free/Pro/Max). Consumer customers do not get DPA objection rights in the same way as Commercial Terms customers.
Ask: A firm cannot rely on consumer subprocessor objection rights; use Team/Enterprise instead.
Training on customer content
Public claim only
Consumer Terms: Anthropic may use Materials to train models unless the user opts out in account settings. Even after opt-out, training still occurs when the user submits Feedback or content is flagged for safety review. Incognito chats are not used to improve Claude. This is not a contractual no-training commitment of the kind in Commercial Terms.
Ask: If any personal account remains, is model-improvement opted out, and has the firm accepted that feedback and safety flags still allow training?
Feedback
Public claim only
Thumbs-up/down stores the conversation for up to five years and may be used to train models even if model-improvement is off.
Ask: Instruct users (if any residual personal use exists) never to rate chats that contain work content.
Retention
Public claim only
User-deleted chats: history immediately, backend within 30 days. If model-improvement is on, de-identified training-pipeline data may be kept up to 5 years. Usage Policy flags: up to 2 years / 7 years scores. Feedback: 5 years. ZDR does not apply to consumer products.
Ask: Consumer retention cannot be set by a firm administrator.
Deletion
Public claim only
Users can delete conversations (backend within 30 days). There is no firm-directed certified deletion of a matter. Training runs already in progress are not unwound by later opt-out or delete.
Ask: There is no enterprise deletion certificate on this plan.
Human access
Public claim only
Safety-flagged content may be reviewed. Consumer Access Transparency is not offered.
Ask: Assume consumer chats can be reviewed by Anthropic safety staff when flagged; do not put privileged material here.
Access control
Not confirmed
Individual login, optional MFA at the account level. No SSO, SCIM, or firm admin. Shared personal logins cannot be governed.
Ask: Block consumer Claude rather than trying to administer it.
Encryption
Not confirmed
The consumer privacy policy does not restate the DPA AES-256 / TLS 1.2+ schedule. Trust Center certifications cover Claude Team/Enterprise/API more clearly than Free.
Ask: Do not treat consumer Claude as having the same contractual encryption schedule as the DPA.
Assurance
Public claim only
Trust Center certifications are listed for API, Enterprise and Team. Consumer Free is not the HIPAA or FedRAMP offering.
Ask: There is no SOC 2 report a firm can rely on for consumer Claude as a processor of its matter data.
Contract
Public claim only
Consumer Terms: as-is services, California courts, Anthropic may use Materials to train unless opted out. No DPA is incorporated. Not an appropriate processor contract for a law practice putting client data in.
Ask: Will the firm prohibit consumer terms for any client or matter data?
Transfers
Not confirmed
Consumer processing locations are not the same documented US-storage / selectable-inference article written for commercial products. Privacy policy is global.
Ask: Assume overseas disclosure without an APP 8-ready DPA if consumer Claude is used.
Incidents
Not confirmed
No 48-hour Security Breach clause equivalent to the commercial DPA applies to consumer users as customers of a firm.
Ask: The firm would remain responsible for NDB if staff put personal information into consumer Claude.
Changes
Public claim only
Consumer Terms may be updated; users must stop using the service if they do not agree. Training default and privacy settings have changed over time and must be re-checked.
Ask: Who in the firm watches consumer-term changes if any personal use is still allowed for non-matter tasks?
Exit
Public claim only
User can delete chats and the account. No organisation export. Training data already used is not fully retractable.
Ask: How will the firm evidence that consumer accounts used with work email have been deleted?
Connectors
Not confirmed
Consumer plans can connect apps. Raw connector content is described as excluded from training unless pasted, but the conversation still holds whatever was brought in.
Ask: Disable consumer connectors on firm-managed browsers and M365.
Web search
Public claim only
Web search is on for Free/Pro/Max. Queries may reveal confidential matter if typed into the prompt.
Ask: Treat web search on consumer Claude as an uncontrolled disclosure path.
Agentic actions
Not confirmed
Claude Code, Chrome and computer-use style features exist on paid consumer plans with no firm policy engine.
Ask: Block consumer Claude Code and Chrome on endpoints that hold client files.
Human oversight
Public claim only
Consumer Terms tell the user not to rely on outputs without checking. There is no supervisor audit log for a firm.
Ask: Consumer Claude cannot meet a firm's supervision record for AI use.