Trade Secrets 2025

AUSTRALIA Trends and Developments Contributed by: John Lee, Michael Williams, Siabon Seet and Vanessa Farago-Diener, Gilbert + Tobin

cations in relation to both public and private AI tools. • Training – prior to letting employees use AI tools, companies should implement manda - tory training to educate employees on the use of AI tools. • Proactive monitoring and auditing – compa - nies should implement monitoring systems to identify at an early stage any unintentional disclosure by employees of trade secrets and confidential information into AI tools. • Advanced cybersecurity measures – imple - menting AI security systems that are capable of detecting and neutralising AI intrusions.

• Blanket ban – companies should consider whether to implement a prohibition on using AI tools on highly sensitive projects or, alter - natively, a prohibition against certain types of information being uploaded to AI tools. For example, a pharmaceutical company could implement a ban on formulations being uploaded to AI tools. • Tighter contractual obligations – companies should review their non-disclosure agree - ments and other agreements and tighten the disclosure provisions to specifically refer to the use (or non-use as the case may be) of AI tools.

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