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AI USE POLICY

Purpose of the AI Policy

1.  (we, our or us) is excited by the opportunities for innovation and efficiency offered by the proliferation of artificial intelligence (AI) models and tools. We intend to incorporate these tools into our organisation’s operations in a safe, ethical, and legally compliant manner, to enable us, our Staff Members, and other stakeholders (e.g. our clients) to obtain maximum benefit from new and established AI technologies.
2.  has implemented this AI Policy to help us to achieve the above. The Policy sets out which AI tools and models may be used within our organisation, how they may be used, and by whom.
3. Any questions in relation to this Policy should be referred to  in the first instance.

’s Use of AI

1. We allow and encourage the use of AI tools and models by our Staff Members (including officers, employees, consultants, trainees, homeworkers, part-time workers, fixed-term workers, casual workers, agency workers, volunteers, and interns), but only Permitted Uses of Permitted Tools and Models by Permitted Users (as defined below).
2. Our Permitted Tools and Models are the particular AI tools or models that  has considered and approved as safe and legally compliant for use within our business when used in accordance with this Policy. They are:
   1.  .
3. If any Staff Member believes that approving a certain additional AI tool or model (i.e. one that is not included in the list above) for use within our organisation would be beneficial for the business, and that it could be used in a safe and legally compliant manner, they should contact  to communicate their suggestion. Their suggestion will be considered by  and, if  agrees with the proposal, the tool or model will be added to the list of Permitted Tools and Models above (via an update or an addendum to this Policy).

Permitted Uses of ’s Permitted Tools and Models

1. The Permitted Tools and Models may only be used for the following Permitted Uses:
   1.  may be used .
2. If a Permitted User wants to use a Permitted Tool or Model for a use other than one of the Permitted Uses set out above, they should propose this use to , who will evaluate the proposal and, if they approve it, grant permission for the suggested use via a written confirmation.

How Permitted Uses should be Carried Out

1. Permitted Uses of Permitted Tools and Models may only be carried out by Permitted Users. Our Permitted Users are:
   1. .
2. Whenever a Permitted User carries out a Permitted Use, they must be aware that any output generated by AI tools or models may be inaccurate. This includes information purported to be factual, e.g. legal, medical, or technical advice. This applies regardless of media, i.e. whether the output is textual, graphic, audio, or of any other form. AI-generated output should never be taken to be true or accurate and Permitted Users should always check the accuracy of any purported statements, facts, or representations before using these to inform or contribute to their work in any way.
3. Whenever a Permitted User is planning to carry out a Permitted Use, they must consider whether the AI tool or model used may have been trained on, reflect, and/or via its output perpetuate any biases (e.g. systemic biases that discriminate against particular groups of people). If any potential for incorporation of such of bias exists, a Permitted User must consider:
   1. Which biases may be present; 

   2. The potential impacts of their using the relevant AI tool or model in the planned way (e.g. whether decisions may be made or advertisements targeted in a manner that reinforces an existing privilege held by a social group);

   3. How such biases and/or their effects may be mitigated by the Permitted User; and

   4. Based on the points above, whether the planned Permitted Use can be carried out in a way that does not risk harm to anybody and which will not constitute discrimination under the Equality Act 2010. If they cannot be confident that it can, they should not carry out the planned Permitted Use or should first seek advice from .
4. Permitted Uses should always be carried out in accordance with the terms of any particular licences (e.g. software licences) or agreements (e.g. user agreements) that allow and/or govern the use of Permitted Tools or Models when such licences or agreements are held by or apply to either  or individual Staff Members. If a Permitted User is in any doubt as to what any such licences or agreements require, they should contact  and request further information. A list of the licences and agreements applicable to our Permitted Tools and Models, for Permitted Users’ reference, can be.
5. Whenever a Permitted User uses an AI tool or model, they must do so in accordance with all laws relevant to the specific use. These may include, but are not limited to:
   1. Advertising and marketing laws and regulations;

   2. Laws dealing with defamation, libel, and slander; 

   3. Anti-discrimination laws; 

   4. Privacy and data protection laws; 

   5. Laws restricting the disclosure of confidential information; and 

   6. Intellectual property laws.

6. Permitted Uses should always be carried out in accordance with relevant governmental and other industry-standard regulations, sets of guidance, and codes of practice. These include, but are not limited to:

   1. The Information Commissioner’s Office’s (ICO’s) guidance on AI and Data Protection (https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/artificial-intelligence/guidance-on-ai-and-data-protection/).

7. At any point if, while carrying out or planning to carry out a Permitted Use, a Permitted User is uncertain as to how to do so in a risk-averse manner and in compliance with this Policy and with the law, they should not hesitate to contact  to discuss their questions or concerns.

Staff Members’ Obligations

1. Staff Members must only use AI within our organisation in accordance with this Policy. They must comply with all provisions and must seek assistance via the identified contacts if uncertain on any point or, if identified contacts are unavailable, via another appropriate party (e.g. a line manager, Legal Department representative, or IT Department representative). The relevant use of AI should be paused until any such uncertainties are resolved.
2. Staff Members should actively participate in any and all training provided or organised by  that is relevant to AI and the use of AI tools and models. If any aspects of any training are unclear to a Staff Member, it is the Staff Member’s responsibility to raise these concerns with .

’s Obligations

1. We are committed to implementing and facilitating the productive, ethical, and compliant use of AI technologies within our organisation. As such, we are committed to upholding this Policy and to supporting Staff Members to ensure that they can adhere to its provisions.

Training

1.  will provide any training on the use of AI in the workplace that’s necessary to make sure that Staff Members can comply with the requirements set out in this Policy.
2. Training will cover (but is not limited to), where appropriate:
   1. Defining AI and explaining how different types of models (e.g. large language models) work; 

   2. The various areas of law that impact how AI may be safely and compliantly used, for example, data protection, intellectual property, privacy, defamation, and advertising and marketing law;

   3. How AI can be used in a safe and ethical manner. For example, Staff Members should be aware of how AI may inadvertently be used to discriminate against individuals as prohibited by the Equality Act 2010; and

   4. The specific licences and agreements that  and its Staff Members are subject to in relation to their use of AI within our organisation, including the requirements imposed by these, how these should be complied with, and provisions on ownership (e.g. ownership of intellectual property).

Intellectual Property

1. Generally, any intellectual property rights created by or arising in works created by any of ’s Staff Members in the course of their employment will be the property of , unless alternative provisions are made in law or in individual Staff Members’ contractual arrangements with us (e.g. employment contracts or consultancy agreements). This includes any intellectual property rights that a Staff Member holds in any output created by an AI tool or model that the Staff Member was responsible for creating (e.g. which was created by an AI model in response to parameters entered by the Staff Member) in the course of their employment.
2. Staff Members should be aware that they (and/or ) may not always hold all intellectual property rights existing in AI output that they were responsible for creating. Ownership of any intellectual property may depend on:
   1. The relevant AI tool’s or model’s user agreements or licences that apply to the user in relation to the use made of the tool or model. For example, the provisions within such agreements dealing with intellectual property ownership; 

   2. Any pre-existing intellectual property rights in the output created, whether the works in which the rights exist were input into the tool or model as training data, as user input, or not at all; 

   3. The terms of any licences or agreements governing the use of the model’s or tool’s training data; 

   4. Any other factors impacting intellectual property ownership, for example, existing licence agreements, previous disputes, or rules on different types of intellectual property rights.

3. Bearing in mind the above, Staff Members must take care not to infringe the intellectual property rights of any other individual or organisation when:
   1. Sourcing or using an AI tool or model; 

   2. Contributing to training any AI tools or models; 

   3. Inputting data of any kind into any AI tools or models; or 

   4. Receiving and using the output of any AI tools or models.

4. In particular, Staff Members should be careful not to use the output of any AI tool or model in a way that infringes any other party’s intellectual property rights. They should be aware that:
   1. AI tools and models may have been trained on content containing intellectual property rights belonging to others and such data may have been used without a valid licence for this use; and
   2. Even if training was carried out in accordance with a licence, publication of the tool’s or model’s output or of content containing such may not be covered by the provisions of the licence.
5. Therefore, Staff Members should always:
   1. Comply with the terms of any relevant licences, including intellectual property licences granted to them, to , or to another party but which via further licences or agreements they are covered by (e.g. user agreements for relevant AI tools or models);
   2. Use AI tools and models in accordance with their terms of use and similar and in accordance with this Policy; and
   3. Contact  for assistance if they are unsure whether a particular use of given output is likely to constitute intellectual property right infringement.

Data Protection and Privacy

1. All uses of AI within our organisation must be carried out in accordance with the UK’s data protection laws, including the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
2. No personal data (i.e. information about an individual from which they may be identified) belonging to anybody, including customers, Staff Members, and members of the public, should be input into any Permitted Tool or Model unless express approval to do so in the manner and for the purposes in question has been obtained beforehand from . Such approval will only be granted when the proposed use is in reliance on a legitimate basis for processing (e.g. it is with data subjects’ consent) and in accordance with other data protection principles (e.g. this processing is necessary and appropriate for the relevant purpose).
3. Permitted Users must consider whether any AI-generated output they receive and use contains (or could contain) any personal data belonging to anybody. This applies regardless of whether or not a Permitted User input any personal data into the relevant AI tool or model themselves to generate this output. If output contains personal data or it is unclear whether it does or not, this output should not be used any further by the Permitted User who was responsible for generating it unless and until approval for such use is granted by .
4. Additionally, Permitted Users should always comply with ’s other policies and procedures relevant to data protection and privacy, including our:

Protection of Confidential Information

1. Staff Members must take care when using any of ’s confidential information as input into or to inform input into any AI tool or model. If any restrictions on the AI tools or models into which confidential information may be inserted are imposed in this Policy or otherwise (e.g. by line managers), these should be observed.
2. If any AI-generated output contains ’s confidential information or if our confidential information could be extrapolated from the output, this output should not be communicated outside of our organisation (e.g. via publication or communication to a client) without prior approval from .
3. If a Staff Member has access to any confidential information belonging to a partner, collaborator, subsidiary, employee, or similar of , the rules set out within this section, above, also apply to this information. Further, such information must only be used in accordance with any agreements governing the exchange and use of such information (e.g. any collaboration agreements, purchase or investment agreements, or non-disclosure agreements).

Attribution

1. This AI Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).