What is an NDA in the age of artificial intelligence

Artificial intelligence is revolutionizing the way companies manage and protect confidential information. The non-disclosure agreements (NDAs), in fact, are no longer enough to meet the new challenges posed by generative AI.
Today, many enterprises find themselves rethinking their security policies to protect corporate data from the training of public AI models..

How AI can compromise corporate confidentiality

When you enter confidential data into public AI tools-such as ChatGPT or Claude-you run the risk that this information will be:

• used to train the model, making future responses more accurate even to third parties
• stored on cloud servers outside the company's control
• Potentially accessible to competitors or unauthorized parties

The growing attention to these stipulations is not unfounded. According to recent studies, more than 40 percent of business owners are concerned about the pervasive impact of AI technologies on their sensitive data. 

Anti-AI clauses: how to protect corporate data

The most forward-looking companies are including in their contracts NDA anti-AI clauses to defend confidential information.

Below are some concrete examples of contract language:

• General Prohibition Clause
  "The use of Confidential Information to train, refine or improve any public model of artificial intelligence or machine learning is expressly prohibited. The Receiver agrees not to include Confidential Information in generative AI systems accessible to third parties."
• Clause with specific conditions
  "The Receiver may process Confidential Information using machine learning or artificial intelligence (AI) models as long as it obtains commercially reasonable assurances that the AI model is not simultaneously:
  1. trained on the Confidential Information; and
  2. legally available to any person or entity other than the Discloser, Receiver, or Receiver's Representatives."

Extended Protection Clause.
"Confidential Information may not be disclosed to third parties without the prior written consent of the discloser. In the context of AI, this expressly includes a prohibition against placing such information in public or cloud-based artificial intelligence systems that could use it for training purposes or that could make it accessible to unauthorized parties."

Private AI: the ultimate solution for businesses

Faced with these risks, enterprises are considering Private AI for business as a concrete answer.

What is Private AI

La Private AI is based on artificial intelligence systems:

• implemented on-premise or in private cloud environments,
• managed directly by the company or by trusted partners,
• designed to ensure that sensitive data never leaves the corporate security perimeter.

In this way, it is possible to protect AI enterprise data without sacrificing the benefits of automation and predictive analytics.

Brainyware is one of the leading European players in this regard. Careful to grasp the needs of a changing mercto that increasingly values data sovereignty.

The evolution of NDAs in the age of AI

The adoption of anti-AI clauses in NDAs is only the first step in a broader transformation:

• Companies are updating their internal policies to regulate the use of artificial intelligence.
• There is a growing awareness that Private AI for businesses is an indispensable strategy for protecting sensitive information.
• Compliance with emerging regulations (such as theEuropean AI Act) becomes a competitive factor.

In an environment where data is the new oil, Private AI represents the "refinery" that every enterprise should consider to consolidate its security and technology leadership.