Aug 21, 2025

News provided by Share this article Acceptable Use Policies Alone Won't Protect Enterprises from GenAI Legal Risk SAN FRANCISCO, Aug. 21, 2025 /PRNewswire/ -- As generative AI tools are leveraged at work, enterprises face a new and largely underestimated threat: GenAI transactions are legally discoverable . In litigation, regulatory inquiries, or internal investigations, organizations will likely  be asked to produce exactly what was submitted to public AI systems. At this moment in time, very few organizations are positioned to do so. New standards require Prompt Visibility, Retention, Auditability, and Risk Detection Portal26, the enterprise GenAI adoption management platform, bridges the critical gap between policy and protection. By capturing, retaining, and analyzing every GenAI interaction across an organization, Portal26 gives enterprises the auditability, risk detection, and governance maturity now demanded by the legal and regulatory landscape. A legal precedent has been set: GenAI prompts are discoverable In an evolving legal environment, courts and regulators are treating GenAI interactions as part of the discoverable digital record. In Tremblay v. OpenAI (2024), a U.S. federal court ruled that generative AI prompts and responses can be subject to discovery. As  Reuters noted in June 2025, this precedent means that GenAI prompts and outputs must now be preserved as potential evidence, requiring updates to legal hold and records retention policies. Legal experts are issuing similar warnings. In guidance published by  Redgrave LLP via JD Supra , attorneys underscore that GenAI prompts and outputs are increasingly falling within the scope of eDiscovery. They advise organizations to proactively assess how these AI-generated artifacts are created, used, and retained—recommending that companies treat GenAI interactions with the same rigor and compliance frameworks used for email, chat logs, and other regulated digital records. The implication is clear: if your employees are submitting sensitive content to public LLMs, you are exposed; and without visibility into those prompts, you will not find out until it is too late. . Prompt Discoverability Mandate: Regulated Industries and Beyond The impact of a mandate focused on Prompt Discoverability is widespread and goes well beyond regulated industries. Historically, regulated verticals have been forced to keep extensive records of digital transactions and organizations in such industries would be unsurprised at these developments. However, due to the conversational nature of GenAI and the inherent complexity of uncovering specific information from natural language based long conversations, a Prompt Discovery solution needs to look very different from a log storage and retrieval product. The additional requirements around user identity, prompt intent, conversational context, past behavior, organizational placement, direct and indirect risk, all make prompt forensics a specialized domain. In addition to regulated organizations who are obviously impacted, this type of mandate would impact other domains equally if not more. Organizations who are not accustomed to granular record retention will have to develop new muscles to serve this upcoming need. Prompt retention will kick off additional data security and data privacy requirements, which will not be adequately satisfied by traditional databases, and they will need to spend considerable time and resources on adding this to their enterprise GenAI foundation. Fortunately, Portal26 is perfectly positioned to close this urgent market need. With the industry's only NIST FIPS certified GenAI Prompt Discovery Forensic Vault, Portal26 provides all the capabilities enterprises require to meet this need. Portal26: From Policy to Proof Many organizations have published acceptable use policies (AUPs) for GenAI, but those policies, without enforcement or evidence, leave companies blind to actual activity and unprepared for legal inquiry. Portal26 transforms GenAI governance from a policy exercise into a provable, defensible capability. "For years, we've helped enterprises not just write GenAI policies,but enforce them through real data," said Arti Raman, CEO of Portal26. "If you can't see what's happening inside GenAI tools, you can't govern it. And if you can't govern it, you certainly can't defend it." Portal26 enables organizations to: The bar has been raised for GenAI Governance Courts, regulators, and boards are rapidly increasing expectations around how companies use and manage GenAI. The risks are no longer hypothetical, and neither are the solutions. "Portal26 was built for this moment," said Raman. "We help our clients move beyond paper policies to real governance systems that reduce risk, accelerate adoption, and withstand scrutiny." About Portal26 Portal26 is the GenAI Adoption Management Platform that helps enterprises embrace and accelerate the competitive promise of Generative AI. It provides the essential foundation for complete GenAI visibility to manage users, drive program ROI, establish governance, ensure security, and deliver targeted education. Regardless of your current stage of enterprise GenAI adoption, Portal26 rapidly enables your buildout of a trusted, responsible GenAI program that lifts organizational competitiveness and ignites unprecedented productivity and revenue gains. Learn more at https://portal26.ai . SOURCE Portal26