Washington Enacts New Chatbot Disclosure Law

Washington became the latest state to pass regulations aimed at “companion” chatbots last week. The law will require companies deploying companion bots to meet certain disclosure and safety standards A recent memo from K&L Gates provides details:

“To comply with the Chatbot Disclosure Act, ‘companion’ chatbot operators must provide a clear and ongoing disclosure that users are communicating with an automated system. Specifically, ‘companion’ chatbot operators have an obligation to disclose that the chatbot is ‘artificially generated and not human’ at the beginning of each interaction and again every three hours of a continuous interaction. Additionally, if the chatbot operators are aware that users are minors—or if the chatbot is directed toward minors—more rigorous disclosure standards apply. For example, chatbot operators aware of or targeting minor users must implement reasonable measures to prevent chatbots from deploying manipulative engagement techniques (e.g., praising minor users for returning to the chatbot for emotional support).”

The new law is in the same vein as California’s companion chatbot disclosure law passed last year. More states are looking to regulate companion bots and mitigate the effects of sycophantic chatbots. Many of these laws, including Washington’s, include carveouts for bots used for businesses’ operational purposes. However, any company currently deploying an AI chatbot should check the statutory definitions and assess potential compliance obligations. Washington’s law will enter into force on January 1, 2027.