You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 25, 2025

Setting the Ground Rules: The Importance of Implementing Internal GenAI Policies

Generative artificial intelligence (GenAI) is no longer a distant innovation confined to science fiction and research labs; it has become an integral part of daily business operations worldwide. Employees across industries are adopting GenAI tools at a remarkable pace—including in Southeast Asia, where a tech-savvy workforce and widespread internet and mobile access have driven early adoption.

The reality facing organizations today is clear: employees are integrating GenAI into their daily work, often without official approval or clear policies. This phenomenon, often called “Bring Your Own AI,” comes out of a disconnect between organizational governance and employee behavior and reveals the urgent need for proactive AI policies and oversight.

For business leaders and legal teams, GenAI is both an opportunity and a challenge. On one hand, these tools can deliver real business value and boost efficiency. On the other, the unsanctioned and unmonitored use of GenAI introduces substantial legal risks, such as data privacy violations, confidentiality breaches, and intellectual property issues.

The widespread adoption of GenAI tools by employees, regardless of official organizational stance or guidelines, demonstrates that prohibition is neither practical nor effective. A more strategic approach involves establishing comprehensive governance policies that encourage responsible AI use while managing the risks.

Organizations that take the lead in developing GenAI governance policies are better positioned to benefit from its transformative potential. The question isn’t whether GenAI will change how we work, but how quickly organizations can put the right safeguards in place to manage this change successfully.

Risks of GenAI Use

The use of GenAI in business operations, whether sanctioned or not, exposes organizations to a unique set of risks. The following are particularly relevant:

  • Data security and confidentiality: General GenAI tools in the market may transmit data to external servers, retain conversation histories, and use inputs for model training. Further, employees may share confidential organization or client information without realizing the implications, increasing the risk of unintentional data leakage and unauthorized disclosure—especially since it can be difficult for organizations to know which GenAI tools employees are using and what types of information they are sharing.
  • Data protection and regulatory compliance: The evolving legal landscape regulating AI creates compliance challenges across multiple jurisdictions. Organizations must navigate complex data protection laws like Thailand’s Personal Data Protection Act (PDPA) and Vietnam’s Personal Data Protection Decree (PDPD), each with different compliance requirements. In the absence of AI-specific legislation, sector-specific regulations also add additional complexity, while unclear regulatory guidance often leaves organizations operating in legal uncertainty, particularly when using AI for decision-making that impacts individuals or when deploying AI systems that interact directly with customers.
  • Intellectual property risks: AI-generated content raises yet-to-be-answered questions about ownership, originality, and copyright infringement. Additionally, proprietary information shared with GenAI tools can be inadvertently incorporated into model training data, potentially compromising trade secrets or violating confidentiality agreements.
  • Governance and accountability: Disjointed and unregulated or inadequately governed GenAI adoption creates oversight gaps, making it difficult to track usage, assign responsibility for outputs, or respond to incidents. In addition, traditional approval processes may not account for AI-assisted work, creating quality control issues.

Developing an Internal GenAI Policy

Forward-thinking organizations across Southeast Asia are establishing internal policies that provide clear direction for both approved and unapproved AI use. These policies form the cornerstone of responsible AI adoption in these organizations by balancing innovation with effective risk management.

An effective AI policy functions as both a protective framework and an enablement tool. Rather than simply listing restrictions, the most effective policies provide practical guidance that empowers employees to leverage AI capabilities while maintaining organizational standards. This approach requires addressing several critical components when developing an AI policy, including, among others:

  • Policy scope: Effective AI policies begin with a clear articulation of their purpose, defining exactly which AI tools and use cases are governed by the policy, including distinguishing between enterprise-approved solutions and general AI tools in the market.
  • Access and authorization: Organizations should define user tiers and access levels, specifying which roles are permitted to use specific AI tools and under what circumstances. This includes establishing approval processes for new AI tool adoption and creating exceptions for specialized use cases.
  • Data governance and privacy protection: As GenAI tools may process personal information, policies must establish strict protocols for data handling. This encompasses defining what types of data can be shared with AI systems and ensuring compliance with regional privacy regulations such as Thailand’s PDPA or Vietnam’s PDPD.
  • Accountability and verification: Policies should also assign internal accountability for AI-generated content and outputs. It is important to establish appropriate review protocols based on the type of AI-assisted work, along with guidelines for transparently disclosing when and how AI was used, especially in client-facing materials or critical decision-making, which may require human validation.
  • Monitoring and incident response: Effective policies establish clear procedures for tracking AI usage, identifying potential misuse or unacceptable output, and responding to security incidents, policy violations, and AI-related incidents such as hallucinations or biased outputs. This includes defining escalation procedures and reporting mechanisms.
  • Vendor management: As organizations increasingly rely on third-party AI services, policies must address vendor evaluation criteria, contract requirements, and ongoing performance monitoring to ensure external AI providers meet legal obligations, data protection requirements, and operational expectations related to security, accountability, and transparency.

Given the rapid pace of AI development, policies should include review cycles, update mechanisms, and processes for incorporating new regulatory requirements or technological capabilities. They should also provide a framework for assessing emerging technologies and adapting policy coverage to reflect evolving risks and capabilities.

Finally, organizations should hold comprehensive education and training sessions to ensure that employees understand both the capabilities and limitations of AI tools, recognize potential risks, and follow organizational policies when using AI in their work.

Proactive Implementation

The GenAI revolution isn’t waiting for businesses to catch up—it’s already here, integrated into daily workflows. Organizations can either proactively implement robust governance frameworks to safely harness AI’s immense potential or risk falling behind in an increasingly complex and fast-moving landscape.

By establishing clear guidelines, accountability structures, and effective risk management protocols, organizations can confidently leverage AI capabilities to encourage innovation while maintaining oversight and minimizing risks. This approach not only builds stakeholder trust and ensures regulatory compliance but also encourages greater AI adoption and transparency among employees. With well-designed guardrails in place, employees can confidently and responsibly integrate GenAI into their work.

Ultimately, organizations that strike the right balance between innovation and responsibility will be best positioned to lead in the GenAI era.

RELATED INSIGHTS​ 

July 11, 2025
Vietnam’s recent embrace of “regulatory sandboxes” reflects a deliberate policy choice to balance the need for robust oversight with an equally pressing imperative to catalyze innovation. A sandbox is a controlled, time-bound framework in which businesses may pilot emerging technologies, products, or business models under relaxed or tailor-made regulatory requirements, thereby allowing regulators to observe risks in real time while innovators validate commercial viability without bearing the full weight of the traditional compliance regime. By issuing sandbox regulations, the government of Vietnam is signaling its commitment to accelerating digital transformation, attracting investment, and developing a knowledge-based economy, all while safeguarding financial stability, consumer protection, and national security. This strategy is embodied in a suite of instruments that together establish sector-specific sandboxes: Decree No. 94/2025/ND-CP on the Regulatory Sandbox in the Banking Sector (Fintech Sandbox Decree), effective July 1, 2025. Law on Digital Technology Industry (DTI Law), effective January 1, 2026, and Law on Science, Technology and Innovation (STI Law), effective October 1, 2025. Resolution No. 222/2025/QH15 on International Financial Centers (IFC Resolution), effective September 1, 2025. In addition, a draft resolution on the pilot implementation of the crypto-asset market (Draft Crypto Pilot Resolution) is expected to introduce a dedicated sandbox for crypto-asset service providers later this year, further underscoring Vietnam’s holistic, forward-looking approach to regulating emerging technologies. Below is a brief summary of all the regulatory sandboxes, who they are open for, and what businesses are attracted. Fintech Sandbox Decree Under the Fintech Sandbox Decree, besides credit institutions and foreign bank branches, fintech companies operating in Vietnam can apply for a Certificate of Sandbox Participation issued by the State Bank of Vietnam to operate any of the following services in Vietnam: Credit scoring: A solution applicable to information technology systems of credit institutions, branches of foreign banks, and fintech
July 11, 2025
On June 10, 2025, Thailand’s Supreme Administrative Court accepted for consideration a pivotal lawsuit concerning the regulatory obligations of administrative agencies over internet-based television broadcasting services, commonly referred to as over-the-top (OTT) services. This court’s decision in the case may set important precedents for how OTT platforms are regulated, especially regarding consumer protections and advertising practices. Background A user of an OTT television application initiated legal action against the National Broadcasting and Telecommunications Commission (NBTC) and related officials, alleging that the lack of clear regulatory criteria and oversight allowed OTT operators to broadcast general television content while compelling users to view advertisements before and during programming. The plaintiff argued this constituted consumer exploitation and claimed that the responsible authorities neglected or delayed their statutory duties under the Act on the Organization to Assign Radio Frequencies and Regulate Broadcasting, Television, and Telecommunications Services B.E. 2553 (2010). Initially, the Central Administrative Court declined to accept the lawsuit. However, on appeal, the Supreme Administrative Court determined that the claim fell within its jurisdiction, noting that OTT television services—defined under section 4 of the governing act—are subject to the same regulatory framework as traditional television services, regardless of the transmission method (frequency, cable, internet, or other system). Implications for OTT Services The key implications for OTT services concern the following issues: Regulatory oversight: The court recognized that OTT television services are explicitly covered under Thailand’s broadcast regulatory regime. Regulatory agencies may be compelled to establish clear operational rules and oversight mechanisms for OTT providers. Consumer protections: The plaintiff’s claim that excessive or unavoidable in-program advertising constitutes consumer exploitation was acknowledged as a matter of public interest. This may prompt stricter advertising standards for OTT platforms. Licensing requirements: The case raises the prospect that OTT operators may be required to obtain licenses from the
July 10, 2025
For companies and individuals doing business in Vietnam, a common question is whether electronic signatures (e-signatures) are legally recognized under Vietnamese law. This matter is governed by Law No. 20/2023/QH15 on Electronic Transactions issued on June 22, 2023 (ETL 2023) and its guiding legal documents such as Decree No. 23/2025/ND-CP dated February 21, 2025, and Circular 06/2024/TT-BTTTT dated July 1, 2024 (Circular 06). Recognition of Validity of E-signatures in Vietnam As a general principle, the ETL 2023 confirms that an e-signature cannot be denied legal validity solely due to its electronic form. The law categorizes e-signatures into three types: Type 1: Specialized e-signatures for organizations Type 2: Public digital signatures for individuals and organizations Type 3: Specialized digital signatures for government agencies Among these types, only secure specialized e-signatures (a secure e-signature of type 1) and digital signatures (type 2) are explicitly granted the same legal validity as handwritten (wet) signatures. This distinction is particularly important in legal disputes and for transactions with government agencies. (For more details, please refer to our previous article.) Domestic e-signatures A domestic organization can choose to use secure specialized e-signatures (type 1) and/or digital signatures (type 2) while a Vietnam-based individual can choose digital signatures (type 2) for their transactions—particularly for those involving government agencies and transactions of high value and complexity which require stronger legal protection. Specialized e-signatures (type 1) can be created by the organizations themselves, and additionally must be “secure” to be explicitly recognized as having the same legal validity as handwritten signatures. For clarity, “secure” specialized e-signatures are those certified (granted a safety certificate) by the Ministry of Science and Technology (MST). (This was formerly the responsibility of the Ministry of Information and Communications, which was merged with MST under Vietnam’s 2025 administrative restructuring.) Digital signatures (type 2) are
July 9, 2025
On June 16, 2025, the National Assembly of Vietnam adopted Law No. 75/2025/QH15 amending and supplementing a number of articles of the 2012 Advertising Law, with an effective date of January 1, 2026. The amended Advertising Law was enacted to further refine the legal framework for advertising activities in the modern era. Online Advertising Under the amended Advertising Law, “online advertising” is defined to encompass not only advertising on electronic newspapers and electronic information pages (as provided under the 2012 Advertising Law) but also advertising on other electronic venues, including social media, online applications, and digital platforms with internet connection. The amended Advertising Law also imposes new requirements for online advertising, including: Identification signs: Advertisements must have clear identifiable signs in numbers, letters, symbols, images, or sounds to distinguish them from non-advertising content. Control features: For advertisements not in fixed areas, there must be easily recognizable features and icons that allow recipients to turn off the advertisement, notify the service provider of violating advertising content, and refuse to view inappropriate advertising content. Linked content: Content in the links embedded in advertisements must comply with the law. Advertising service providers and publishers must have measures to check and monitor the linked content. Advertising on social media: Organizations and enterprises providing social media services must offer users features to distinguish advertising content from other content. Signage for sponsored content: When advertising, users of social media services must use signs to differentiate advertising or sponsored content from other content they provide. In response to the above requirements for online advertising, the amended Advertising Law sets out obligations of advertisers, advertising service providers, advertising publishers, and advertising conveyors in relation to online advertising. Among these, it is notably the responsibility of individuals and organizations engaging in online advertising to prevent and remove violating