Regulating AI Agents

Fuente: arXiv
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Main Authors: Gardhouse, Kathrin, Oueslati, Amin, Kolt, Noam
Format: Preprint
Published: 2026
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author Gardhouse, Kathrin
Oueslati, Amin
Kolt, Noam
author_facet Gardhouse, Kathrin
Oueslati, Amin
Kolt, Noam
contents 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.
format Preprint
id arxiv_https___arxiv_org_abs_2603_23471
institution arXiv
publishDate 2026
record_format arxiv
spellingShingle Regulating AI Agents
Gardhouse, Kathrin
Oueslati, Amin
Kolt, Noam
Computers and Society
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.
title Regulating AI Agents
topic Computers and Society
url https://arxiv.org/abs/2603.23471