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What should a small business AI policy include?

7 min read

Founder of delegAIte, creator of Complete Health Dentistry, 30 years working with more than 6,000 practice owners and founders

Short answer

A workable small business AI policy fits on one page and answers six questions: which tools are approved, which accounts to use, what data never goes in, who checks output before it leaves, what customers are told, and who owns the policy. The account question matters most, because consumer plans can use your content for training unless someone opts out.

Key takeaways

  • Half of U.S. workers say their employer neither encourages nor discourages AI chatbots (Pew, October 2024). A one-page policy ends that silence.
  • Consumer and business accounts are different products. ChatGPT’s own pricing page lists training on content as opt-out for individual plans, and OpenAI says it doesn’t train on Business workspace data.
  • If patient data could go in, HHS guidance makes the vendor a business associate, and you need a signed BAA first.
  • You own what AI says in your name. A tribunal held Air Canada responsible for its chatbot’s wrong answer (2024).
  • Name one owner and review the page every 90 days. The tools change faster than an annual handbook.

Most small businesses I talk to have an AI policy already. It’s just unwritten, and it says "use whatever you like and don’t tell me about it." That policy has two outcomes: the careful people don’t use AI at all, and the confident people paste things into personal accounts that you’d never approve. A written page fixes both.

Does a small business really need an AI policy?

Yes, and a short one is enough. Pew found half of U.S. workers who aren’t self-employed say their employer neither encourages nor discourages AI chatbots. Without a written line, careful people avoid the tools and confident people use personal accounts. A one-page policy gives both groups the same permission and the same limits.

You don’t need a legal department to write it. The National Institute of Standards and Technology publishes a voluntary AI Risk Management Framework built around four functions: govern, map, measure and manage. A ten-person company doesn’t need all of it. It needs the first idea, which is that somebody specific owns the decisions, and a short list of what those decisions are.

The six sections of a one-page AI policy (scroll sideways for the rest)
SectionWhat it decidesExample line
Approved toolsWhich products staff may use for work"Use the company ChatGPT Business workspace. No other AI tools for client work without asking Sam."
AccountsCompany account or personal account"Never use a personal AI account for company or client information."
Data that never goes inThe hard lines"No passwords, card numbers, Social Security numbers, or patient information."
Human checkWho reviews before anything leaves"Anything a client, patient or regulator will see gets read by a person first."
DisclosureWhat customers are told"Our website chat says it is automated and offers a person."
Owner and reviewWho keeps it current"Sam owns this page and reviews it every 90 days."

Which AI accounts should employees use for work?

Company business accounts, never personal ones. ChatGPT’s pricing page lists training on your content as opt-out on its individual plans, while OpenAI says it doesn’t train on ChatGPT Business workspace data. Claude’s Team plan states no model training on your content by default. The account type decides where your information goes.

Anthropic’s own pricing page shows the same split: its individual Pro and Max plans list model training as opt-out, and Team and Enterprise list none by default. Google says data in the business editions of Gemini Enterprise isn’t used to train Google models. The rule for the page is simple. Name the one workspace the company pays for, and say that personal accounts are off limits for anything with a client, a patient or a number in it.

Personal accounts and company business accounts
  • Personal accountTraining is opt-outChatGPT’s pricing page lists training on content as opt-out on individual plans.
  • Business accountNo training on workspace dataOpenAI says it doesn’t train on ChatGPT Business workspace data.

What data should never go into an AI tool?

Anything you couldn’t defend putting in an email to a stranger: passwords, card and bank numbers, Social Security numbers, and client information covered by a confidentiality agreement. Health information is its own category. HHS says a cloud provider that handles electronic health information for a covered entity is a business associate and needs a signed agreement.

HHS is explicit that this applies even when the provider only holds encrypted data and has no key. So if you run a practice, the policy line is not "be careful with patient data." It’s "no patient information goes into any AI tool unless we have a signed business associate agreement with that vendor, and here is the list of the ones we do." That’s a line a front-desk employee can follow without a law degree.

Who should check AI output before it goes out?

A named person, for anything a client, patient, court or regulator will see. NIST’s generative AI profile describes confabulation: systems confidently presenting false content. In 2023 a federal judge fined two lawyers and their firm $5,000 after they filed a brief citing cases ChatGPT had invented. The tool wrote it. The people signed it.

The judge in that case, Mata v. Avianca, said plainly that using a reliable AI tool isn’t improper. The problem was that existing rules put "a gatekeeping role on attorneys to ensure the accuracy of their filings," and nobody did the gatekeeping. Your business has the same rule, whether it’s written down or not. Write it down, and say who the gatekeeper is for each kind of document.

What should customers be told about AI?

Enough that nothing you publish misleads them, and you stand behind every answer. In 2024 a Canadian tribunal held Air Canada responsible for its website chatbot’s wrong answer about bereavement fares, rejecting the idea that the chatbot was a separate entity. The FTC’s 2024 rule bans fake reviews, including AI-generated ones by people who don’t exist.

So the customer section of the page covers two things. Anything automated that talks to customers says what it is and offers a person. And nobody on the team uses AI to write reviews, testimonials or endorsements, for the business or about a competitor. The FTC rule lets the agency seek civil penalties against knowing violators, which makes this the cheapest line on the page to follow.

How often should the policy change?

Every 90 days, and whenever you add a tool. Vendors rename plans, change data terms and add features that connect to your email and files. The owner reads the page, checks the vendor terms it relies on, and asks the team one question: is anything you do today not covered here? If the answer keeps being yes, the page is too vague. Where the page says a person approves something, the same thinking applies to any agent you install later.

Questions people ask

How long should a small business AI policy be?

One page. It needs to cover approved tools, which accounts to use, data that never goes in, who checks output, what customers are told, and who owns the policy. Longer documents tend not to get read by the people who most need them.

Can employees use their personal ChatGPT account for work?

Your policy should say no. ChatGPT’s pricing page lists training on content as opt-out for individual plans, while OpenAI says it doesn’t train on Business workspace data. A company workspace also means the business, not the employee, controls the account.

Can we put patient information into an AI tool?

Only with a signed business associate agreement with that vendor, and only in the product the agreement covers. HHS guidance says a cloud provider handling electronic health information for a covered entity is a business associate, even if the data is encrypted.

Is a business responsible for what its AI chatbot says?

In the Air Canada case in 2024, a British Columbia tribunal said yes. It found the airline responsible for all information on its website, whether from a static page or a chatbot, and rejected the argument that the chatbot was a separate entity.

Is there a standard framework for an AI policy?

NIST’s AI Risk Management Framework is the main U.S. reference. It’s voluntary and organized around four functions: govern, map, measure and manage. A small business can borrow its core idea, a named owner for AI decisions, without adopting the whole framework.

Sources

  1. Pew Research Center, "Workers’ experience with AI chatbots in their jobs" (2025, survey of October 2024): Half of workers say their employer neither encourages nor discourages AI chatbot use.
  2. NIST, AI Risk Management Framework (2023) and Generative AI Profile, NIST AI 600-1 (2024): The framework is voluntary and organized around govern, map, measure and manage. The profile defines confabulation.
  3. OpenAI Help Center, ChatGPT Business General FAQ (checked September 2026) and ChatGPT pricing page: OpenAI does not train on ChatGPT Business workspace data. The pricing page lists training on content as opt-out for individual plans.
  4. Anthropic, Claude pricing page (checked September 2026): Training listed as opt-out on Pro and Max, and no model training on content by default on Team and Enterprise.
  5. U.S. Department of Health and Human Services, Guidance on HIPAA and Cloud Computing (current as of 2026): A cloud provider handling ePHI is a business associate needing a BAA, even with encrypted data and no key.
  6. Mata v. Avianca, Inc., 678 F. Supp. 3d 443 (S.D.N.Y. 2023), opinion and sanctions order: The $5,000 sanction for filing ChatGPT-invented cases, and the court’s gatekeeping language.
  7. Moffatt v. Air Canada, 2024 BCCRT 149, as summarized by McCarthy Tétrault (2024): The tribunal held Air Canada responsible for its chatbot’s answer and rejected the separate-entity argument.
  8. Federal Trade Commission, final rule banning fake reviews and testimonials (August 2024): The rule covers AI-generated fake reviews and allows civil penalties against knowing violators.

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