Artificial intelligence is a powerful tool for enhancing business productivity. But when used without oversight, it can expose your company to serious legal and reputational risks — especially when handling personal data or creating automated content without proper disclosure.
What legal risks could your company face?
Confidential data entered into public platforms
Using tools like ChatGPT or image generators without safeguards can result in entering sensitive customer or employee information. These platforms may store, analyze, or even reuse this data to train their AI models.
Lack of consent clauses
Employment or commercial contracts often lack clear clauses covering the use of voice, image, or personal data. Without these protections, your company may face legal claims tied to AI use.
📌 Case in point: actress Scarlett Johansson publicly claimed her voice was cloned by ChatGPT without consent.
Not disclosing AI-generated content
Failing to disclose that a text, image, or video was generated by AI may lead to accusations of deceptive advertising or unethical practices.
Legal best practices to prevent risk
- Add specific clauses in contracts — especially concerning voice, image, or personal data usage.
• Define internal AI use policies — which tools are approved, under what purpose and oversight.
• Be transparent with clients — clearly state when content or communication has been generated by AI.
Is there any regulation in Costa Rica?
Yes. Bill No. 24.484, currently under discussion in Costa Rica’s Legislative Assembly, seeks to regulate AI use ethically and legally.
At the international level, other important frameworks include:
– The European Union’s Artificial Intelligence Act (AI Act):
– The ELVIS Act (Tennessee), protecting voice and likeness from AI misuse: – New York State’s proposed AI legislation
– The Bartz v. Anthropic case (Claude AI): a U.S. judge ruled that training AI on copyrighted books is permitted under fair use.
Interested in learning more? We’ll soon publish new posts exploring AI policies in businesses, contract adaptation, and intellectual property challenges in detail.
How ERP Lawyers can help
- We draft internal AI policies tailored to your company.
• We advise on privacy, intellectual property, and compliance.
• We adapt contracts with AI-specific clauses.
