Customer-facing AI chatbots, virtual assistants, and automated response systems. Here is what Washington businesses need to know in 2026.
Washington has enacted SB 5426 — AI Accountability Act. High-impact AI systems require impact assessments, transparency reports, and opt-out rights.
State law does not replace federal law — you must comply with both. These federal rules apply to chatbot disclosure nationwide:
Washington's SB 5426 — AI Accountability Act often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Washington is January 1, 2027. The law is enacted and compliance is required by the deadline above.
Washington penalties for AI non-compliance: Civil penalties up to $7,500/violation. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Washington's SB 5426 — AI Accountability Act applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like chatbot disclosure, consider hiring an independent third-party auditor to validate compliance.
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