AI Policy Template for Marketing & Creative Agencies

Agencies live on client trust and NDAs — and generative AI touches both. Client briefs pasted into chatbots can breach confidentiality agreements; AI-generated imagery has murky copyright status; and a growing share of client contracts now restricts or requires disclosure of AI-generated deliverables. An agency AI policy protects you in pitches too: 'here's our AI policy' is becoming a differentiator in agency selection.

AI risks specific to marketing agencies

• Client confidential briefs entered into AI tools may breach NDAs
• AI-generated images and copy raise copyright ownership and infringement questions
• Undisclosed AI-generated content can violate client contracts and platform policies
• FTC expects truthful disclosure when AI-generated endorsements or imagery could mislead

What a complete marketing & creative agencies AI policy includes

• Purpose, scope, and who the policy covers (employees, contractors, volunteers)
• Approved AI tools and the process for approving new ones
• Acceptable uses — and the prohibited list, including data that must never enter prompts
• Privacy-law clauses for your jurisdictions (GDPR, EU AI Act, CCPA, PIPEDA)
• Human review and accountability rules for AI output
• Incident reporting, enforcement, and annual review

Frequently asked questions

Can we use AI-generated images in client work?

Depends on the client contract and usage. Purely AI-generated images may not be copyrightable, which matters for assets clients expect to own. The policy requires checking contract terms and disclosing material AI use.

Do we have to tell clients we use AI?

If the contract requires original human work or the client asks, yes. The generated policy sets a disclosure default that protects the agency.

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