Compliance

AI Fiduciary Duty

Legal obligations of care and loyalty when AI is used in fiduciary relationships.

Definition

AI Fiduciary Duty addresses how traditional fiduciary obligations apply when AI systems are used in relationships of trust. Key considerations:

  • Duty of care: Fiduciaries must exercise appropriate diligence when selecting and overseeing AI systems
  • Duty of loyalty: AI systems must serve beneficiary interests, not conflicted interests
  • Duty to inform: Disclosure obligations when AI influences fiduciary decisions
  • Delegation concerns: Limits on delegating fiduciary judgment to AI

Applications include:

  • Investment advisors using AI for portfolio management (SEC/FINRA scrutiny)
  • ERISA fiduciaries using AI for retirement plan decisions (DOL guidance)
  • Attorneys using AI for legal advice (bar ethics rules)
  • Healthcare providers using AI for treatment decisions

Sources

  • ERISA
  • Fiduciary Standards