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AI policy: the employer must provide the tools, not the employee — responsibility

An employee’s signature on a statement that they use private AI tools “at their own risk” transfers nothing. Providing a safe tool for work is the employer’s obligation — and trying to shed it with a single signature does not work under any of the relevant liability regimes. In an unfavourable scenario, the document itself works against the company.

The scenario is familiar: a company does not buy licences, allows employees to use private chatbots and collects their signatures. The document goes into personnel files and everyone feels safe — until the first incident at the provider

The problem starts earlier, with the decision itself. If an employer permits private tools specifically to avoid licence costs, it makes an organisational decision within its own business and technical risk. Employees cannot control which model processes the data, the terms of a consumer account or whether their prompts are used for training. Passing the consequences of that decision to someone without the means to control it undermines the very structure of the employment relationship

In our new post, we examine this structure in detail

Yet no penalty table captures the most expensive item. Organisational know-how — pricing methods, contract structures and arguments in disputes — accumulates in chat histories on private accounts. It cannot be searched, audited or handed over to a successor, and disappears for good when the employee leaves

This also works the other way: a private tool does not know the organisation's context, so everyone builds a separate, incomplete version — and synergy never emerges

Conclusion

A statement makes sense only as part of an internal policy — instructions for use and a list of data that must not be entered

Real protection comes from architecture

A policy without technical control is a declaration; technical control without a policy is blind

The full analysis with its legal basis is on our blog

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