AI-driven corporate governance: a regulatory perspective
The use of AI-driven or AI-assisted systems in corporate compliance is a novel topic in the business and management literature, only marginally considered by legal academia. While some scholarly pieces have explored the use of artificial intelligence (AI) systems to support compliance in the financial sector (eg, for anti-money laundering purposes), the legal implications of deploying AI systems to fulfil corporate compliance tasks has not yet received the attention it deserves. This article approaches the use o…

"WSIS Forum 2013 - The Elephant in the Room: Why the Economic Dimension Needs Higher Priority in Internet Governance Policy Debates (International Digital Economy Alliance (IDEA)" by ITU Pictures is licensed under CC BY 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by/2.0/.
As of its September 2024 publication, this peer-reviewed article proposes a future regulatory model in which firms would be required or offered to deploy Automated Compliance Management Systems that use AI to continuously track corporate data footprints and flag potential violations for regulators.
The proposal matters because it reframes AI compliance tools from internal business efficiency to a public oversight mechanism for preventing fraud, corruption and overseas bribery, but remains untested and contingent on unresolved questions about reliability standards, legal interpretation of AI-generated red flags, and regulatory capacity to supervise responses, with only a sandbox pilot in Australian mining suggested.
- Article examines AI-driven or AI-assisted systems for corporate compliance and governance from a regulator perspective
- Proposes future regulatory mandate for firms to systematically deploy Automated Compliance Management Systems (ACMS)
- ACMS would continuously track corporation's data footprint and issue red flags for potential violations
- Regulators would need to define legal meaning of red flags and supervise company responses
- Suggests testing approach in Australia via regulatory sandboxes for mining sector to monitor antibribery obligations overseas
Deploying Automated Compliance Management Systems that continuously monitor a corporation's data footprint could help regulators overcome current limitations in preventing fraud, corruption and other non-compliance.
The rundown
The article notes AI use in compliance is novel and underexplored by legal academia beyond financial sector anti-money laundering, and positions its contribution as viewing deployment through regulator eyes.
It defines the intervention as Automated Compliance Management Systems that systematically track corporate data and issue red flags, requiring regulators to define what red flags mean legally and to monitor corporate reactions.
As a concrete illustration, it proposes Australia as a jurisdiction to pilot the model using regulatory sandboxes focused on mining companies' overseas antibribery obligations.
Sources
- Peer-reviewedGriffith Law Review2024-09-20
How should this claim be treated?
ace
The debate