The Securities and Exchange Board of India (‘SEBI’), by way of two separate Notifications dated February 6, 2025, has introduced amendments to the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 and the Securities and Exchange Board of India (Intermediaries) Regulations, 2008 to assign liability resulting from usage of artificial intelligence and machine learning tools and techniques (‘AI and ML Tools’) by stock exchanges, clearing corporations and any intermediaries regulated by SEBI (‘Relevant Entities’). The Notifications provide that such entities will be solely responsible for:
i. privacy, security and integrity of investors’ and stakeholders’ data maintained by it;
ii. the output resulting from the usage of such tools and techniques; and
iii. compliance with applicable laws in force.
The Notifications define AI and ML Tools to include any application, software program, executable system or a combination thereof, offered by the Relevant Entities or used internally to, inter alia, facilitate investing, trading, disseminating investment strategies, or to carry its activities (including compliance activities) and which are portrayed as part of the products offered to the public or under usage for compliance, management or other business purposes.