Regulating AI Agents
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Abstract (arXiv)
AI agents -- systems that can independently take actions to pursue complex goals with only limited human oversight -- have entered the mainstream. These systems are now being widely used to produce software, conduct business activities, and automate everyday personal tasks. While AI agents implicate many areas of law, ranging from agency law and contracts to tort liability and labor law, they present particularly pressing questions for the most globally consequential AI regulation: the European Union's AI Act. Promulgated prior to the development and widespread use of AI agents, the EU AI Act faces significant obstacles in confronting the governance challenges arising from this transformative technology, such as performance failures in autonomous task execution, the risk of misuse of agents by malicious actors, and unequal access to the economic opportunities afforded by AI agents. We systematically analyze the EU AI Act's response to these challenges, focusing on both the substantive provisions of the regulation and, crucially, the institutional frameworks that aim to support its implementation. Our analysis of the Act's allocation of monitoring and enforcement responsibilities, reliance on industry self-regulation, and level of government resourcing illustrates how a regulatory framework designed for conventional AI systems can be ill-suited to AI agents. Taken together, our findings suggest that policymakers in the EU and beyond will need to change course, and soon, if they are to effectively govern the next generation of AI technology.
Key facts. Cited by 3 papers in the map (data through 14 Oct 2026). First posted on arXiv 24 Mar 2026.
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Citing papers per year: 2026: 3.
3 papers.
- 2026The Clinician's Veto: Navigating Trust, Liability, and Uncertainty in Autonomous AI Prescribing23 Jun 2026
- 2026Boiling the Frog: A Multi-Turn Benchmark for Agentic Safety21 May 2026
- 2026AI Agents Under EU Law6 Apr 2026