Llama 2, Meta’s next-generation open-source large language model, presents an incredible opportunity for your organisation to leverage powerful AI capabilities. However, as you explore the potential of Llama 2 for your business, it’s crucial to be mindful of the legal considerations that come with adopting this technology.

This post delves into the legal considerations that require your attention. By addressing these legal considerations and implementing appropriate mitigation steps, your organisation can embrace Llama 2 confidently.

Data compliance and fine-tuning

Fine-tuning Llama 2 on multiple client datasets may raise confidentiality risks, potentially compromising data privacy and trade secret obligations.

Mitigation steps

  • Conduct thorough Data Privacy Impact Assessments (DPIAs) to assess data privacy and confidentiality risks before fine-tuning Llama 2.
  • Obtain explicit and informed consent from clients whose confidential information you’ll use for fine-tuning.
  • Anonymise or pseudonymise sensitive client data to reduce the risk of associating data with specific individuals during fine-tuning.

Data security

Robust data security measures are necessary to safeguard Llama 2 and associated data from unauthorized access and cyber-attacks.

Mitigation steps

  • Implement comprehensive data security measures and protocols to protect Llama 2 and sensitive data.
  • Regularly update security protocols to mitigate potential legal liabilities related to data breaches.

Record-keeping and auditability

Maintaining comprehensive records of Llama 2’s usage is essential for auditability and compliance purposes.

Practical steps

  • Maintain detailed records of Llama 2’s usage, data processing activities, and AI model performance.
  • Implement robust record-keeping protocols to comply with legal requirements.

Meta’s Acceptable Use Policy

Compliance with Meta’s Acceptable Use Policy is essential to ensure responsible AI usage and avoid potential legal issues.

Mitigation steps

  • Develop internal guidelines and policies that align with Meta’s Acceptable Use Policy to ensure responsible AI usage across the organisation.
  • Implement measures to monitor AI-generated content to comply with prohibitions on misrepresentation and fake online engagement.
  • Ensure proper disclosure of any known dangers associated with AI systems to end-users as required by the policy.

Managing intellectual property rights

Review, tabulate and understand the intellectual property rights associated with Llama 2 to avoid infringement of Meta’s or third-party rights.

Mitigation steps

  • Seek our advice to navigate licensing agreements and ensure they align with the organisation’s specific needs.
  • Develop protocols to protect your organisation’s intellectual property rights concerning AI-generated content.
  • Consider whether open-source licensing terms may activate copyleft obligations.

Specific IP: Derivative models and licensing

Creating derivative models based on Llama 2 is subject to specific Terms and Conditions, including disclosure requirements and limitations on model improvement.

Mitigation steps

  • Review Meta’s Terms and Conditions for derivative models and adhere to disclosure requirements when sharing derivative models with third parties.
  • Ensure Llama 2 outputs are not used to improve other open-source models (excluding Llama 2 or derivative works) to comply with licensing restrictions.
  • Monitor the user base to identify the need for a license from Meta if the organisation or its affiliates serve over 700 million monthly active users.

Liability and indemnification

Understanding liability and indemnification clauses in agreements related to Llama 2 is crucial for your organization’s legal responsibilities.

Mitigation steps

  • Carefully review liability and indemnification clauses in agreements to understand the organisation’s legal responsibilities.
  • Seek our advice when necessary to protect your organisation’s interests.

Compliance with industry regulations

Llama 2’s usage must comply with industry-specific regulations and guidelines, such as those in healthcare or finance.

Practical steps

  • Stay informed about evolving regulations to maintain compliance as the legal landscape changes.
  • Collaborate with our AI law experts to ensure your organisation’s AI applications align with industry-specific regulations.

Compliance with consumer protection laws

Llama 2. generated content must comply with consumer protection laws to avoid deceptive practices and ensure transparency.

Practical steps

  • Ensure AI-generated content aligns with consumer protection laws and regulations.
  • Implement measures to avoid any deceptive practices that could lead to legal challenges.

Actions to take next