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Vivienne Brand

AI ethics issues have attracted significant attention. Guidelines for ‘Ethical AI’ have been promulgated by international agencies and others, but operate at a high level of generality and may be difficult to operationalise. This present problems for directors faced with AI ethics concerns. Given that the vast majority of AI will be developed and applied within corporate contexts, this is a significant issue. However, existing models of corporate regulation offer a framework within which AI ethics issues can be analysed. Obligations owed by directors to make decisions in the best interests of the company and to act with care and diligence require directors to make contextualised decisions. These duties are also responsive to evolving community norms. Further, director obligations are supported by well-understood accountability mechanisms and ultimately by state-based enforcement regimes. These significant advantages point to the value of directors’ duties in the evolution of AI ethics corporate practice.