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Adding AI to Your Business? Don’t Forget the Legal Basics

By Kathryn Rattigan on September 24, 2026
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Chatbots and AI-powered customer service tools are no longer limited to technology companies. Businesses across industries are using AI to answer customer questions, summarize conversations, provide recommendations, and help users complete transactions. These tools can offer real value, but they also introduce legal and operational considerations that may not arise with a traditional website feature. Before deployment, a business should understand what information the tool collects, where that information goes, how long it is retained, and whether the vendor may use customer interactions to train or improve its models. The analysis becomes especially important if customers might share personal, confidential, financial, health, or other sensitive information.

Transparency and appropriate guardrails are equally important. Customers should understand when they are interacting with AI, whether their conversations are being recorded or analyzed, and what the tool can and cannot do on their behalf. Depending on the business, its customers, and their locations, privacy, consumer protection, AI transparency, and recording-consent laws may apply. Businesses should also decide who will monitor the tool’s responses, how mistakes will be addressed, what happens when sensitive information is submitted, and when a conversation should be escalated to a person.

Existing website documents may need attention as well. A privacy policy drafted before the adoption of AI may no longer accurately describe the company’s data practices, while website terms may need to address the chatbot’s role, the limitations of its responses, prohibited uses, and circumstances in which users should seek human assistance. The goal is not to discourage businesses from adopting useful AI tools, but to pair adoption with basic diligence: map the data flows, review vendor terms, establish clear limits, provide appropriate disclosures, and update relevant policies. AI may be new, but the foundation remains familiar: know your technology, know your data, communicate clearly, and put practical safeguards in place before problems arise.

Tags: AI
Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Corporate Governance and Compliance, Privacy and Cybersecurity, Technology and AI
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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