Fairlode guide · 12 October 2026
AI training data versus evaluation data
Training helps develop a model’s behaviour. Evaluation measures how a system performs on defined tasks. Agreeing to one should not be assumed to mean agreeing to both.
Two different purposes
In a training workflow, examples are used to develop or adapt a model. In an evaluation workflow, a system is tested against tasks and expected outcomes. Evaluation can help expose mistakes or compare versions. The same underlying business records could be considered for either purpose, but the permissions should be explicit.
This distinction describes common uses, not a promise about what a particular buyer will do. Ask the buyer to explain the actual workflow in plain language and make sure the agreement matches it.
A software example
Imagine a fictional record connecting a reported bug, the code change that fixed it and a passing test. One use could be to provide an example of how a fault was resolved. Another could be to give a system the original problem and check whether its proposed fix passes the test.
The example does not show that a buyer wants your code, that a benchmark can be created safely or that the company owns every part of the record. Those questions still need separate answers.
Evaluation does not automatically mean less disclosure
A test might run in a controlled environment, or it might involve transferring material. It could reveal prompts, expected answers, source code or business processes. Do not infer security or confidentiality from the word “evaluation”. Ask what leaves your environment, who can see it and what is retained.
Questions to put to a prospective buyer
- Is the permitted purpose training, evaluation, both or something else?
- Can the recipient change the purpose later?
- May records, prompts, answers or derivatives be shared onwards?
- Can evaluation outputs be reused for training?
- Which people, companies or systems receive access?
- What copies and derived materials remain after the agreement ends?
- What evidence will show that the agreed restrictions were followed?
If a restriction is important to the business, raise it before price negotiations. The answer needs to appear in the agreed contract and operating process, not just a reassuring sales message.
How to express your preference
It is reasonable to say “evaluation only”, “training may be considered” or “we need to understand the proposed use first”. You do not need to select the broadest permission to make an initial enquiry. Fairlode records the uses you would consider; this is not a licence or permission to transfer your records.
Use the readiness checklist to identify the other decisions your company needs to make.