AI tools and trade secrets – how not to lose know-how protection
Published: · Maksymilian Kruszewski
Pasting contracts, offers or source code into public AI tools is one of the most common ways know-how leaks – and a real risk of losing trade secret protection.
Reasonable steps are required
Under Article 11(2) of the Polish Act on Combating Unfair Competition, information is a trade secret only if its holder has taken reasonable steps to keep it confidential. Uncontrolled use of AI tools whose terms allow the vendor to use input data makes this hard to prove.
What to do
- an AI use policy listing data that must not be entered,
- approved tools selected after reviewing vendor terms,
- company business accounts instead of private accounts,
- confidentiality and AI clauses in contracts, training and an incident procedure.
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