Often yes, with limits. What you may license depends on your client contracts, your profession's confidentiality rules and the privacy laws where you work. Some records can never be included. Others need consent. Here is where each kind of firm should start, and the question to take to your own lawyer.
Law firms
Most firm email and files contain client information protected by confidentiality duties and privilege. Removing names may not be enough. Records about the firm's own operations are a different matter from client matter files.
Ask your ethics counsel: which of our records, if any, can we license without client consent?
Accounting firms
US rules strictly limit using or disclosing tax return information without the client's written consent, and professional codes add confidentiality duties. Internal operations, templates and non-client records may be treated differently.
Ask your counsel: how do tax-information consent rules apply to our archives?
Medical and dental practices
Patient records are protected health information. Selling or licensing them generally requires each patient's authorization, so they should be left out. Business records that contain no patient information may still be considered.
Ask your privacy officer: which systems hold no patient information at all?
Financial and insurance firms
Privacy rules limit sharing customers' nonpublic personal information, and regulators set their own recordkeeping and privacy requirements. Expect most customer records to be excluded.
Ask your compliance officer: what do our privacy notice and regulators allow?
Every other business
Check customer contracts and NDAs, tell employees whose messages may be included, and review state privacy laws and your software providers' terms. Many companies find most of their records can be licensed.
Ask your lawyer: do any of our contracts or policies limit this?
Not sure where you stand?
That's normal. On our first call we'll walk through your systems and point out what usually gets excluded, so you know exactly what to ask your lawyer. We don't give legal advice, and a good buyer will expect your lawyer to review the agreement.
Read our plain guide to AI data licensing