Directors and decision-making in an Artificial Intelligence environment. European and Spanish comparative study

Abstract

Digitalization is progressing at an increasingly rapid pace within the corporate structure of capital companies; artificial intelligence is becoming part of the daily operations of corporate bodies, particularly the directors body. Directors perform their duties using artificial intelligence to varying degrees. This paper analyzes, from a comparative perspective of the Spanish legal system and the European legal framework, how artificial intelligence influences directors’ decision-making processes. Furthermore, once this influence is understood, we propose a protocol to be followed when directors, supported and assisted by artificial intelligence, make decisions always taking into account how to minimize potential risks, but also how to enhance the significant advantages that its involvement entails