CFTC Advisory Cautions Firms to Remain Compliant When Deploying AI

Recognizing that artificial intelligence (AI) may eventually reach virtually all aspects of the lifecycle of a derivatives trade, the staffs of the CFTC Divisions of Clearing and Risk; Data; Market Oversight; and Market Participants issued an advisory (Advisory) concerning the use of AI in CFTC-regulated markets. Although the Advisory breaks little new ground, it highlights areas where staff believe different types of registrants and supervised market participants may deploy AI and the relevant CFTC regulations and core principles implicated by such deployment. The Advisory emphasizes that whenever a firm deploys AI – whether created in-house or by a third party – it remains subject to the entire CFTC regulatory regime. Use of AI technology does not give firms a pass on compliance. This article parses the Advisory and related statements of the CFTC’s then-Chairman Rostin Behnam and Commissioner Kristin N. Johnson. See “Acting SEC and CFTC Chairs Emphasize Getting ‘Back to the Basics’” (May 8, 2025).

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