Do employees have to consent before their Slack messages train AI?

Usually the law asks for notice, not signatures. Here is what staff already agreed to and what US and EU law expect. On a direct license, Allied checks your policies before any offer.

I

The short answer

In the US, usually not. We know of no federal statute that requires an employer to collect each worker’s consent before licensing work messages the company controls. Ifeoma Ajunwa, an Emory University law professor, argues that “Employers should have express consent before selling workers’ data,” and she also notes there is no federal law banning such sales.21

In the EU and UK the logic runs the other way. Regulators doubt that staff can freely refuse their employer, so consent is a weak basis there. Notice and a right to object carry the weight there, backed by removing names.

In practice the work is the same everywhere: a written notice before the export, and names stripped before anything leaves. This page covers the employee question only. Customer contracts, platform terms and the wider legal picture are in is it legal to sell company data. General information, not legal advice.

II

What your employees already agreed to

Every Slack user accepts Slack’s User Terms. They call messages and files “Customer Data”, and each user agrees “that the Customer Data is owned by Customer”. The Customer is the organization that runs the workspace, not the employee.1

The same terms hand the people question to the employer. It is “solely Customer’s responsibility” to tell users about its policies and to obtain “any rights, permissions or consents” needed for lawful use of that data. Slack does not ask employees on your behalf.1

Ownership does not mean every message is equally easy to use. On Slack’s Business+ plan, owners and admins can export public channels. Private channels and direct messages need a separate tool that workspace owners must apply for, and Slack describes it as being “For legal and regulatory compliance”.2

Most handbooks add an acceptable-use or electronic-monitoring policy. Typically it says company systems are company property and messages may be reviewed. That covers the company reading its own records. It rarely mentions licensing them to an outside AI lab for training. That gap is what a new notice fills.

III

Slack’s own AI training policy is a different question

The 2024 uproar was about Slack training its own models on customer workspaces. Slack’s privacy principles now say Slack “will not use Customer Data to train generative AI models unless Customer provides affirmative opt-in consent.”3

Slack still trains global, non-generative models, for channel and emoji suggestions and search results. To opt a workspace out, its Org or Workspace Owners or Primary Owner email feedback@slack.com with the subject line “Slack Global model opt-out request.”3

Microsoft makes a similar promise for Microsoft 365 Copilot. It says prompts, responses and data accessed through Microsoft Graph “aren’t used to train foundation LLMs”.4

Notice who decides in each case: the organization, not each employee. And none of it governs your own license. These settings cover what the vendor does with your workspace. When your company licenses its own export to a lab, your company is the one disclosing, and the employee question is yours to answer.

IV

US law asks for notice, not consent

Federal wiretap law turns on one party’s consent, not everyone’s. The Wiretap Act allows interception where “one of the parties to the communication has given prior consent”.5 The stored-communications part exempts conduct authorized by the service provider, or by a user for messages sent to them.6 Neither part addresses a company licensing records it already holds.

Three states require notice before electronic monitoring. They are notice laws, not consent laws. None of them mentions a later use such as AI training, but they show what employees were told.

StateWhat the law requiresMaximum penalty
Connecticut, § 31-48dPrior written notice of the types of monitoring to every employee who may be affected. A conspicuous posting counts as that notice.7$500 for a first offense, $1,000 for a second, $3,000 for each after that. Enforced by the Labor Commissioner, with no private lawsuit.7
Delaware, 19 Del. C. § 705Before monitoring email, phone or internet use: a daily electronic notice, or a one-time notice the employee acknowledges in writing or electronically.8A civil penalty of $100 for each such violation.8
New York, Civil Rights Law § 52-cWritten notice on hiring, acknowledged by the employee, plus a posted notice. It must say communications may be monitored “at any and all times and by any lawful means.”9$500 for a first offense, $1,000 for a second, $3,000 for each after that. Enforced by the Attorney General.9

If you have staff in these states, find the signed notices. They help show employees knew their messages were company records. They say nothing about AI licensing, so they do not replace a new notice.

V

California now covers employees

California’s privacy law used to exempt most employee data. The California Privacy Protection Agency says the exemptions for employment-related personal information “expired on December 31, 2022.” Since January 1, 2023, a California employee has the same rights as any other consumer.10

Two rules matter here. A business may not use personal information “for additional purposes that are incompatible with the disclosed purpose” without giving new notice. And a consumer may “at any time” tell a business that sells their personal information to stop.11

So California asks for notice and an opt-out, not opt-in consent. The statute also says personal information “does not include consumer information that is deidentified”.11 That is why anonymization does most of the work. The deidentification test is explained in is it legal to sell company data.

Other state privacy laws can leave employees out entirely. Connecticut’s says a “consumer” does not include “an individual acting in a commercial or employment context”.12

Two federal points apply anywhere: the FTC’s warning about quietly rewriting privacy promises, and labor-law protection for channels where staff discuss pay or working conditions. Both are in is it legal to sell company data.

VI

EU and UK: why asking for consent can backfire

European regulators doubt that an employee can say no to an employer. The European Data Protection Board calls it “problematic for employers to process personal data of current or future employees on the basis of consent as it is unlikely to be freely given.”13

It is not ruled out. The EDPB accepts employee consent only “in exceptional circumstances, when it will have no adverse consequences at all whether or not they give consent.”13

The UK regulator takes the same line. The ICO names “an employer processing employee data” as a case where consent is not usually appropriate, because people who fear adverse consequences “might feel they have no choice but to agree”.14

Consent also has a practical cost. People may withdraw it “at any time”, and “It shall be as easy to withdraw as to give consent.” A dataset built on consent must be able to drop people after delivery.15

The usual route is legitimate interests under Article 6(1)(f). Because AI training is a new purpose, Article 6(4) asks whether it is compatible with the original one. The test looks at the link between the purposes, the employment relationship, the nature of the data, the consequences for staff, and safeguards “which may include encryption or pseudonymisation”.16

Before the new use starts, staff must be told about “that other purpose”.17 Where you rely on legitimate interests, they also have a right to object.18

The EDPB’s December 2024 opinion on AI models applies this to training. A mention of AI development in a privacy policy does not mean people “can reasonably expect it to happen”. Among the safeguards it lists are a gap between collecting a training set and using it, and “an unconditional ‘opt-out’ from the outset”.19

EU member states may add their own rules for employee data, by law or by collective agreement. Check national law and any works council agreement before the export.20

VII

How to run notice and opt-out

This is the order that keeps the employee side clean. It works for US-only companies and for those with staff in Europe.

  1. Pull what employees signed

    Collect the handbook, the acceptable-use and monitoring policies, any signed state notices and any union contract. Note what each one says about outside use of company records.

  2. Set the scope before you announce it

    Name the systems, channels and date range. Leave out direct messages, private channels, HR, legal and board channels, and channels where staff talk about pay. A narrow, specific scope is easier to explain and to defend.

  3. Send a written notice before the export

    Say what will be licensed, the kind of recipient, the permitted use, what is removed and the export date. In California this is the notice the law expects when a new purpose does not match the old one.11

  4. Give a real opt-out window

    Let anyone exclude their own messages before the export runs, with no reason needed and no effect on their job. The EDPB lists both a waiting period and an opt-out offered from the start as safeguards.19

  5. Remove names and identifiers

    Replace names, handles, email addresses and phone numbers. Remove customer names, account numbers and internal URLs. Check a sample by hand before anything leaves.

  6. Bind the lab

    The license should limit use to training and evaluation, bar reidentification and resale, and require deletion when it ends. Clause by clause: AI data licensing agreement terms.

  7. Keep the file

    For EU and UK staff, write down the legitimate-interests assessment. Keep it with the notice, the opt-out list and the approved sample.

VIII

Where Allied fits on the employee side

Labs pay for workplace conversation because little of it is public. In August 2026, in Spirit Airlines’ bankruptcy, Google outbid Mercor for the carrier’s data, including 500 million Teams messages and 176,000 employee records, for $10 million. Spirit’s flight attendants’ union objected on privacy grounds.21

Reddit’s IPO filing shows the market from the platform side: data licensing arrangements with an aggregate contract value of $203.0 million.22

Your company grants an AI lab a non-exclusive license to an anonymized copy of its records, and Allied arranges the deal. Before any offer, Allied reviews your employee policies, monitoring notices and customer contracts. Records they do not clearly allow are left out.

Direct messages are excluded unless you opt in. HR, legal and board channels are excluded by default. Names and identifiers are removed in your own systems, and you approve a sample in writing before delivery. Allied never sees the data. See data handling, Slack and Teams records and email archives.

The fit is 30 or more office employees. A written offer follows one to two weeks after the discovery call. Payment arrives 30 to 60 days after the lab accepts delivery. Request an offer, see the systems labs license, or read how Allied works.

IX

Questions

Do we need every employee’s signature before licensing Slack messages?

In the US, no general law requires it. A written notice and an opt-out are the safer practice, and in California a new, incompatible purpose needs notice. In the EU and UK, collecting signatures can make things worse, because regulators doubt that staff consent is freely given.

Can an employee keep their messages out?

If you offer an opt-out, yes. Remove their messages before the export runs. California employees can also tell a business that sells their personal information to stop.

What about former employees?

They are still people named in the records, and most cannot easily be reached with a notice. For them, removing names and identifiers matters most.

Does anonymizing remove the need for notice?

It lowers the risk but does not replace notice. In the EU, anonymizing personal data is itself processing, and staff will hear about the deal either way. A short notice before the export costs little.

Should direct messages and private channels be included?

Usually not. People write there expecting a small audience, and Slack only exports them for owners who apply for its compliance export. Allied excludes direct messages unless you opt in.

Does Slack’s AI opt-out stop us from licensing our data?

No. Slack’s opt-in and opt-out settings govern Slack’s own models. Your export and your license to a lab are separate decisions, made by your company.

Is this legal advice?

No. It explains how these rules usually apply. Have employment and privacy counsel review your notice and the license before you sign.

X

Sources

  1. Slack User Terms of Service, effective February 17, 2023
  2. Slack Help Center, “Export your workspace data” (export options by Slack plan)
  3. Slack, “Privacy principles: search, learning and intelligence”
  4. Microsoft Learn, “Data, Privacy, and Security for Microsoft 365 Copilot”
  5. 18 U.S.C. § 2511, interception of wire, oral or electronic communications (Cornell LII, U.S. Code text)
  6. 18 U.S.C. § 2701, unlawful access to stored communications (Cornell LII, U.S. Code text)
  7. Conn. Gen. Stat. § 31-48d, employers engaged in electronic monitoring required to give prior notice (Connecticut General Assembly)
  8. Del. Code tit. 19, § 705, notice of monitoring of telephone transmissions, electronic mail and Internet usage (Delaware Code Online)
  9. N.Y. Civil Rights Law § 52-c*2, employers engaged in electronic monitoring; prior notice required (New York State Senate)
  10. California Privacy Protection Agency, Frequently Asked Questions
  11. California Civil Code §§ 1798.100, 1798.120 and 1798.140 (California Privacy Protection Agency, CCPA statute text)
  12. Conn. Gen. Stat. § 42-515, definitions, Connecticut Data Privacy Act (Connecticut General Assembly)
  13. European Data Protection Board, Guidelines 05/2020 on consent under Regulation 2016/679, version 1.1, adopted May 4, 2020
  14. Information Commissioner’s Office (UK), “When is consent appropriate?”
  15. GDPR Article 7, conditions for consent
  16. GDPR Article 6, lawfulness of processing
  17. GDPR Article 13, information to be provided where personal data are collected from the data subject
  18. GDPR Article 21, right to object
  19. European Data Protection Board, Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models, adopted December 17, 2024
  20. GDPR Article 88, processing in the context of employment
  21. Matthew King, “AI labs are buying data from dead startups to train their models,” MIT Technology Review, October 13, 2026 (news report)
  22. Reddit, Inc., Form S-1 registration statement, February 22, 2024

General information, not legal advice. Laws change; have counsel review your plan.

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