Future themes in regulating artificial intelligence in investment management

IF 3.3 3区社会学 Q1 LAW Computer Law & Security Review Pub Date : 2025-03-06 DOI:10.1016/j.clsr.2025.106111

Wojtek Buczynski , Felix Steffek , Mateja Jamnik , Fabio Cuzzolin , Barbara Sahakian

{"title":"Future themes in regulating artificial intelligence in investment management","authors":"Wojtek Buczynski , Felix Steffek , Mateja Jamnik , Fabio Cuzzolin , Barbara Sahakian","doi":"10.1016/j.clsr.2025.106111","DOIUrl":null,"url":null,"abstract":"<div><div>We are witnessing the emergence of the “first generation” of AI and AI-adjacent soft and hard laws such as the EU AI Act or South Korea's Basic Act on AI. In parallel, existing industry regulations, such as GDPR, MIFID II or SM&CR, are being “retrofitted” and reinterpreted from the perspective of AI. In this paper we identify and analyze ten novel, “second generation” themes which are likely to become regulatory considerations in the near future: non-personal data, managerial accountability, robo-advisory, generative AI, privacy enhancing techniques (PETs), profiling, emergent behaviours, smart contracts, ESG and algorithm management. The themes have been identified on the basis of ongoing developments in AI, existing regulations and industry discussions. Prior to making any new regulatory recommendations we explore whether novel issues can be solved by existing regulations. The contribution of this paper is a comprehensive picture of emerging regulatory considerations for AI in investment management, as well as broader financial services, and the ways they might be addressed by regulations – future or existing ones.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"56 ","pages":"Article 106111"},"PeriodicalIF":3.3000,"publicationDate":"2025-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0267364925000068","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}

引用次数: 0

Abstract

We are witnessing the emergence of the “first generation” of AI and AI-adjacent soft and hard laws such as the EU AI Act or South Korea's Basic Act on AI. In parallel, existing industry regulations, such as GDPR, MIFID II or SM&CR, are being “retrofitted” and reinterpreted from the perspective of AI. In this paper we identify and analyze ten novel, “second generation” themes which are likely to become regulatory considerations in the near future: non-personal data, managerial accountability, robo-advisory, generative AI, privacy enhancing techniques (PETs), profiling, emergent behaviours, smart contracts, ESG and algorithm management. The themes have been identified on the basis of ongoing developments in AI, existing regulations and industry discussions. Prior to making any new regulatory recommendations we explore whether novel issues can be solved by existing regulations. The contribution of this paper is a comprehensive picture of emerging regulatory considerations for AI in investment management, as well as broader financial services, and the ways they might be addressed by regulations – future or existing ones.

查看原文

微信好友朋友圈 QQ好友复制链接

本刊更多论文

求助全文

约1分钟内获得全文去求助

来源期刊

Computer Law & Security Review LAW-

CiteScore

5.60

自引率

10.30%

发文量

审稿时长

67 days

期刊介绍： CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.