Legally secure use of Microsoft 365 Copilot
Das Wichtigste in Kürze
- Law firm Vischer: Microsoft 365 Copilot and Copilot Chat can be used legally in the company from a data protection perspective
- Deactivate the web query, since the consumer contract applies there. Do not use confidential data with the web query active
- Consumer offerings must not be used in the company
When using AI tools, not only technical, financial and organisational questions arise, but also legal ones: «If a company processes personal data with such a tool, a data processing agreement is required that meets the applicable data protection law requirements,» the renowned law firm writes in its blog. If the data is protected by professional and official secrecy, further contractual assurances are required, including the hosting of the data in Switzerland.
The updated table by Vischer shows: Microsoft 365 Copilot and Microsoft 365 Chat can be used in a legally sensible way in the company. «For Microsoft 365 Copilot Chat, the contracts for business customers such as the ‹Microsoft Customer Agreement› (MCA) and the DPA now apply. From a data protection law perspective, both Microsoft 365 Copilot and Microsoft 365 Copilot Chat can in principle be used in the company,» the law firm writes.
Consumer offerings not usable
However, there is one restriction: the web query. Here, the service agreement for private customers applies. With web access activated, no confidential data should therefore be used. Companies can deactivate this web access. The Baggenstos experts will be happy to advise you – contact us here.
According to the assessment of the legal experts, it is also clear: offerings for consumers must not be used in the company.
