Confidentiality and professional secrecy
Lawyers remain responsible for protecting information entrusted to them by their clients. The use of AI does not remove or transfer this obligation to a technology provider.
The CCBE expressly advises lawyers not to submit personal, confidential or other client-related data to generative AI unless appropriate safeguards are in place. Examples identified by the CCBE include contractual confidentiality or zero-data-retention arrangements, a DPA limiting the use of submitted data to the purposes of the law firm or lawyer, technical safeguards or a secured environment. Where appropriate, the CCBE also refers to processing data within the EU/EEA.