Artificial Intelligence Intervention in Corporate Governance: Directors’ Fiduciary Duties

Abstract

The increasing use of commercial artificial intelligence technology in corporate governance poses potential legal risks. This paper analyses the intervention of artificial intelligence in corporate governance from the perspective of directors’ fiduciary duty, discusses its impact on directors’ duty of loyalty and care, and points out that the use of artificial intelligence itself is in line with the requirements of the current legal system on directors’ fiduciary duty, but may increase the directors’ care duty, especially in terms of overseeing the process of the use of artificial intelligence. Based on this, the paper makes recommendations for the improvement of Company Law and internal corporate governance.