Guarding Trade Secrets in the Generative AI Age: Navigating Risks and Implementing Solutions

The rapid advancement of artificial intelligence (AI) has brought a plethora of advancements and innovations to almost every industry. Generative AI applications, in particular, have immense potential to increase productivity and create innovative solutions for companies. However, with great power, comes great responsibility. Generative AI poses a potential danger to company trade secret protection, where inputs can be captured and stored, potentially putting company trade secrets at risk. This article aims to explore how businesses can balance the benefits and risks of generative AI for company trade secret protection.

How generative AI can affect trade secret protection?

As mentioned earlier, generative AI captures and stores inputs to train its models, and once captured, the information may not be deletable by users. This means that if an employee inputs a company’s trade secret into a generative AI prompt, it could be at risk of losing its trade secret protection. Under the Defend Trade Secrets Act (DTSA), trade secret owners must take “reasonable measures to keep such information secret.” Generative AI poses a unique challenge to these reasonable measures, which businesses must consider.

Balancing the benefits and risks of generative AI for companies

While generative AI may pose risks to a company’s trade secrets, it also has immense potential to increase productivity and innovation. Companies that completely ban generative AI may find themselves at a significant competitive disadvantage compared to companies that allow or encourage its use due to its potential benefits. Therefore, businesses must fully weigh the risks and benefits of generative AI for their operations.

Existing policies for protecting company trade secrets

In addition to a company’s standard policies for protecting trade secrets, several solutions can further protect against the disclosure of trade secrets through generative AI. Businesses must have proper data protection policies and guidelines for using generative AI and ensure that their employees and contractors are aware of these guidelines. Companies must also explore the use of robust encryption techniques, such as zero-knowledge proof technology, to prevent unauthorized access to company information stored in generative AI applications.

Employee Awareness and Education

Raising awareness among employees about the importance of trade secret protection and the risks associated with generative AI is crucial. Companies must educate their employees on the best practices for using generative AI applications and the potential risks and consequences of inputting sensitive information into these applications.

One way that companies can minimize the risk of trade secret disclosure is by incorporating generative AI-specific training programs into their employee onboarding programs, ensuring that their workforce is well-versed in this technology.

In conclusion, generative AI applications can bring immense benefits to companies in terms of increased productivity and innovation. However, businesses must take adequate measures to protect the trade secrets that are essential to their operations. By proactively addressing the challenges and risks associated with generative AI, businesses can safeguard their valuable intellectual property assets and maintain their competitive edge in the ever-evolving AI landscape.

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