This is general information, not legal advice. The legal basis for processing health data, rules on recording conversations and professional ethics codes differ between countries, so check your national law and your professional body’s guidance.

Why AI note tools need their own consent conversation

Writing your own notes after a session is part of ordinary care, and clients generally expect it. An AI tool adds something new: a third party that may listen to, transcribe or analyse what was said. Depending on the tool, audio might be uploaded, a transcript might be stored, and a model might process the content on servers you do not control.

Under the GDPR, session content is health data (Article 9). You need a valid legal basis for processing it, and you must tell clients clearly how their data is used (Articles 13 and 14). Whether that legal basis is the client’s explicit consent or another Article 9 ground, such as the provision of health care under national law, depends on your country and profession. Many professional bodies, however, expect informed consent for recording sessions or using AI tools regardless of the GDPR basis — it is a matter of trust and ethics as much as of law.

If you have not yet decided whether a particular AI tool is acceptable at all, start with Can therapists use ChatGPT? GDPR rules for AI in private practice. This article assumes you have chosen a tool and a processor agreement is in place.

Know your tool before you write the form

You cannot explain to a client what you do not know yourself. Before drafting the consent text, find out the answers to these questions from the provider’s documentation and data processing agreement:

What does it capture?

Live audio, an uploaded recording, or only the notes you type yourself? Is anything recorded at all?

What does it keep, and for how long?

Is the audio deleted after transcription? Are transcripts stored, and can you delete them?

Who can access it?

Can the provider’s staff read the content? Is it encrypted, and who holds the key? Is it used to train models?

What is the human’s role?

Does the tool only draft text that you review and correct, or does it produce anything that is used without your review?

If the provider cannot give clear answers, that is useful information in itself — and probably a reason to choose a different tool.

What the consent form should include

A good consent text is short, specific and written in the language your clients actually use. These are the elements to cover:

Element	What to say in plain language
What the tool does	For example: “I use software that helps me write a summary of our session. I always check and correct it.”
What is captured	Whether the session is recorded, transcribed, or neither — and when recording starts and stops.
Who processes it	The type of provider, and that a data processing agreement is in place.
Storage and deletion	Where recordings or transcripts go, how long they are kept and when they are deleted.
Security	How the data is protected, for example encryption and who can access it.
Human responsibility	That you, not the software, are responsible for the content of the notes and for clinical decisions.
Voluntary choice	That saying no has no effect on their therapy, and you will simply write notes yourself.
Withdrawal	That they can change their mind at any time, how to tell you, and what happens to data already processed.
Their rights	Access to their records (Art. 15), correction and, where applicable, erasure — and who to contact.

If you rely on consent as your legal basis, remember the GDPR conditions: it must be freely given, specific, informed and unambiguous, and withdrawing it must be as easy as giving it (Article 7(3)). A pre-ticked box or a line buried in your general terms does not meet that standard.

Common mistakes

Folding AI consent into the general therapy agreement, so the client cannot agree to therapy without agreeing to the tool.

Describing the tool vaguely (“we use modern technology”) instead of saying whether the session is recorded.

Asking for consent once and never revisiting it, even after switching tools or changing how the tool is used.

Using the tool in a session where the client seems uncomfortable, because they signed months ago.

Not recording the client’s choice, so later you cannot show who agreed to what and when.

How to ask: a step-by-step approach

Send the consent form before the first session, separately from the therapy agreement, so the client can read it in their own time.
Mention it briefly at the start of the first session: what the tool does, that it is optional, and that you are happy to answer questions.
Record the answer — yes or no — with the date and the version of the form.
If the client says no, make a visible note in their record so the tool is never switched on by mistake.
Ask again when anything material changes: a new tool, a new provider, or recording where you previously only used typed notes.
When a client withdraws consent, stop using the tool for them immediately and handle existing data as your form promised.

Couples, families and minors need extra thought: every adult whose voice is captured should agree, and for minors the rules on who can consent depend on national law and age thresholds.

Keeping the AI draft in its place

Consent covers the process; your professional judgement covers the result. An AI draft is a starting point. Read it in full, remove anything that is not clinically relevant, correct mistakes and misheard phrases, and make sure the final note reflects your own assessment. A structured format helps here, because it makes gaps easy to spot — see our guide to SOAP notes for therapists. Keep the final note only, unless you have a clear reason and the client’s agreement to keep a full transcript too.

Managing consent in PRAXINGO

PRAXINGO does not include an AI note assistant today; one is planned for the Max plan and marked as coming soon. You can, however, prepare the consent side now. PRAXINGO comes with 10 built-in document templates, including a therapy agreement and a GDPR consent, and on the Pro plan you can create custom document templates — for example a separate consent for AI-assisted notes. Dynamic variables fill in the client’s details, and you send the document by email for a digital signature or checkbox acceptance. The status of each document is tracked with an audit log, so you can see who accepted which version and when.

Client records and notes are end-to-end encrypted with a key derived from your own encryption password, so PRAXINGO cannot read them. Read more on our security page, or compare plans on the pricing page. For the broader rules, our GDPR guide for therapists covers legal bases, records and breaches.

Frequently asked questions

Do I need consent if the AI tool only works with notes I type myself?

Nothing is recorded, but client data is still processed by a third party. At the very least, your privacy notice must say so. Many therapists also ask for consent in this case, and some professional bodies expect it — check yours.

Can a client agree to therapy but refuse the AI tool?

Yes, and they should be able to without any consequence. That is why AI consent belongs in a separate form, not inside your therapy agreement.

Is a verbal yes at the start of the session enough?

It is hard to prove later. A written or digitally accepted form, with the date and version, gives both you and your client a clear record.

What happens when a client withdraws consent?

Stop using the tool for that client from that moment. Withdrawal does not make earlier processing unlawful, but handle any stored recordings or transcripts as your form described.

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Using AI for therapy notes? How to ask clients for consent