By Antonio Tejeda Encinas, President of the Euro-American Committee of Digital Law (CEA Digital Law) and CEO of META Channel Corporation
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Introduction: the crossroads of digital law and autonomous agents
The rise of autonomous agents in the technology sphere is not only transforming the way we interact with advanced systems but also challenging the ethical, legal and regulatory foundations on which our society is built. These tools, which go beyond simple predefined commands to take decisions on their own, create extraordinary opportunities in areas such as justice, finance and security, but they also expose legal gaps and ethical dilemmas that require urgent attention.
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This text is structured in THREE CHAPTERS (this being Chapter 0/1), which address, from different perspectives, the challenges posed by the growing use of autonomous agents. Each chapter is designed to explore specific aspects of this transformation in depth, offering analysis, concrete examples and proposals towards a comprehensive regulatory framework.
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In Chapter 1, we will analyse the issue of LEGAL LIABILITY in the use of autonomous agents. Who should bear the consequences when these systems make mistakes or cause harm? We will explore different perspectives on how liability should be allocated, from developers to end users, and present regulatory proposals, such as compulsory insurance and compensation mechanisms, that could bring clarity to this challenge. This chapter also introduces the impact of these systems on areas such as justice and finance, with concrete examples from 2024 that illustrate the scale of the problem.
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Chapter 2, for its part, will focus on two other fundamental challenges: mitigating BIAS and protecting PRIVACY and SECURITY. Through recent cases, we will see how autonomous agents, because they rely on historical data, can perpetuate social prejudice and structural inequality.
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We will also discuss the vulnerabilities these systems create in a big-data environment, exposing risks of discrimination and privacy breaches. That chapter will propose practical strategies, such as regular audits, algorithmic transparency and specialist oversight, to address these issues.
This text does not merely set out the problems; it seeks to offer a comprehensive reflection on how to move towards an ethical and regulatory framework that allows the full potential of autonomous agents to be harnessed fairly and responsibly. The aim is to invite legislators, technologists, legal scholars and society at large to help build a balanced digital ecosystem in which technological innovation is aligned with the fundamental values of fairness, justice and transparency.
