Legal recommendations for using AI notetakers.

AI note-taking tools: legal recommendations

Artificial intelligence-based note-taking tools are radically transforming the way we work. Otter.ai, Fireflies, Notion AI, or even MeetGeek now automatically connect to our videoconferences to transcribe and analyze our exchanges.

What is an AI note-taking tool?

An AI notetaker is software that uses artificial intelligence to automatically record, transcribe, and analyze conversations during virtual meetings. These tools connect to platforms like Zoom, Microsoft Teams or Google Meet to capture exchanges in real time.

Key features include:

  • Automatic transcription of conversations
  • Identification of stakeholders
  • Automatic summaries of key points
  • Extraction of actions to be carried out
  • Search meeting history

Legal recommendations for using AI notetakers

1. Consent of participants

The use of AI note-taking tools necessarily involves the recording and processing of participants' personal data. Under French and European law, this requires consent in accordance with the RGPD.

Best practices for obtaining consent:

  • Advance notification : inform all participants before the meeting by email
  • Explicit consent : ask for a clear answer (YES/NO)
  • Oral consent : if the tool does not automatically allow it, ask for agreement at the beginning of the meeting
  • Documentation : keep track of the consents obtained

Characteristics of external meetings: For video conferences with customers, suppliers, or partners, consent becomes even more critical as you mix different jurisdictions and contractual obligations.

2. Write an internal use policy

Key elements of an AI notetakers policy:

  • Scope of use : define when and how to use these tools
  • Permissions : specify who can activate AI notetakers
  • Types of meetings : distinguish between internal and external contexts
  • Formation : make teams aware of best practices
  • Exception procedures : identify situations where AI is forbidden

This policy must be communicated to all teams and regularly updated according to technological and regulatory developments.

3. Confidentiality and professional secrecy: areas at risk

Data transmission and processing

Conversations are systematically transmitted to the servers of the AI note-taking tool. This transmission can compromise confidentiality in several ways:

  • Fuzzy purposes : the conditions of use often mention broad and imprecise uses
  • Model training : your conversations can be used to improve AI
  • Third-party storage : the data is hosted by the provider
  • Multiple accesses : several actors can access the recordings

For these situations, the use of AI notetakers is strongly discouraged as it may constitute a permanent breach of confidentiality.

4. Check your contracts: who pays in case of problems?

The liability exclusion trap

The majority of the terms of use of AI tools include clauses that transfer responsibility to the end user. In concrete terms, this means that in case of:

  • Personal data breach : your company assumes the RGPD sanctions
  • Breach of confidentiality : you are responsible for the damage caused
  • Non-compliance with consent : the fines are your responsibility

Points to check in your contracts:

  • Liability and Indemnification Clauses
  • Supplier insurance coverage
  • Security incident procedures
  • Data deletion and portability rights
  • Jurisdiction competent in case of dispute

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This article has been written by Betty Jeulin and the English translation generated with AI.