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24 Eur. Bus. Org. L. Rev. 1 (2023)

handle is hein.journals/eunbuioiz24 and id is 1 raw text is: European Business Organization Law Review (2023) 24:1-39 https://doi.org/1 0.1007/s40804-022-00262-2 ARTICLE Artificial Intelligence and Sustainable Decisions Jingchen Zhao'2 Beatriz G6mez Farifas3 Accepted: 31 October 2022 / Published online: 28 November 2022 ©The Author(s) 2022 Abstract When addressing corporate sustainability challenges, artificial intelligence (AI) is a double-edged sword. Al can make significant progress on the most complicated environmental and social problems faced by humans. On the other hand, the effi- ciencies and innovations generated by Al may also bring new risks, such as auto- mated bias and conflicts with human ethics. We argue that companies and govern- ments should make collective efforts to address sustainability challenges and risks brought by Al. Accountable and sustainable Al can be achieved through a proactive regulatory framework supported by rigorous corporate policies and reports. Given the rapidly evolving nature of this technology, we propose a harmonised and risk- based regulatory approach that accommodates diverse Al solutions to achieve the common good. Ensuring an adequate level of technological neutrality and propor- tionality of the regulation is the key to mitigating the wide range of potential risks inherent to the use of Al. Instead of promoting sustainability, unregulated Al would be a threat since it would not be possible to effectively monitor its effects on the economy, society and environment. Such a suitable regulatory framework would not only create a consensus concerning the risks to avoid and how to do so but also include enforcement mechanisms to ensure a trustworthy and ethical use of Al in the boardroom. Once this objective is achieved, it will be possible to refer to this tech- nological development as a common good in itself that constitutes an essential asset to human development. Keywords Artificial intelligence - Sustainable decisions - Regulation - Risk-based approach - Company law E Jingchen Zhao Jingchen.Zhao@NTU.ac.uk Beatriz G6mez Farinas b.gomezfarinas@corvers.com Guangdong University of Finance and Economics, Guangzhou 510320, China 2 Nottingham Law School, Nottingham Trent University, Nottingham NG1 4BU, UK 3 Corvers Procurement Services BV, 's-Hertogenbosch, The Netherlands Springer 0 ASSER PRESS

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