Tier 4: Board and market exposure controls

AI-washing and misleading AI disclosures

Overstating AI capabilities, maturity, or controls in external statements, creating legal and reputational exposure when claims do not match evidence.

Board-defensible evidence

• Claims inventory capturing AI-related statements across marketing, sales, investor materials, and public filings, including who authored each claim and when it was published.
• Substantiation pack for each material claim showing the supporting evidence (system documentation, performance results, control status), with legal review sign-off and retention of prior versions.
• Disclosure review workflow showing required reviewers (legal, risk, product, security), approval timestamps, and criteria for rejecting or revising claims that exceed evidence.
• Change-control linkage showing how public claims are updated when AI systems change, limitations are discovered, or control status shifts, including a record of retractions or corrections.
• Training and guardrail guidance for communications teams defining prohibited language, required qualifiers, and escalation paths for high-risk claims.

Why this matters

When regulators examine AI claims, the question becomes whether your statements were controlled communications backed by evidence.