{"id":15210,"date":"2026-04-30T14:12:47","date_gmt":"2026-04-30T14:12:47","guid":{"rendered":"https:\/\/vila.es\/?p=15210"},"modified":"2026-04-30T14:38:32","modified_gmt":"2026-04-30T14:38:32","slug":"the-inclusion-of-bots-into-boards-of-directors","status":"publish","type":"post","link":"https:\/\/vila.es\/en\/corporate\/the-inclusion-of-bots-into-boards-of-directors\/","title":{"rendered":"THE INCLUSION OF BOTS INTO BOARDS OF DIRECTORS"},"content":{"rendered":"

ES<\/span><\/a>|EN|<\/span>\u65e5\u672c\u8a9e<\/span><\/a><\/strong><\/p>\n

 <\/p>\n

Artificial intelligence, as a software product to generate opinions and get responses to questions that humans ask it, is already a powerful player in the decision-making processes of many areas of both the professional and private spheres. It plays a decisive role in individuals\u2019 behaviour. Though subtly and quietly, artificial intelligence is considered a discreet sort of personal advisor whose opinions are taken into account, and very frequently, taken at face value without being subject to any critical analysis. This latter is due to the contemporary individual\u2019s faith in the state of technology\u00ad\u2014to which they attribute the benefit of unquestioned certainty\u2014and the expected immediacy of any action or reaction, influenced by daily interaction with our electronic devices.<\/p>\n

With regard to companies, and particularly their governing bodies, human judgment forms the basis of decision making (or it has done until very recently). Some years ago, when artificial intelligence was starting to be more than just an outlandish form of technology, Warren Buffet stated that it is principles and thought, rather than bots (as mere processors), that should guide the behaviour of boards of directors.<\/p>\n

Nevertheless, technology knows no bounds to stop it, for the evolutionary force that drives it lies in the very essence of human genius. Thus, the market now already offers artificial intelligence products designed to be integrated into boards of directors. Can one conceive of the concept of the \u201crobo-director\u201d? Current company law establishes, as a subjective requirement for a director, that they be a natural or legal person, and in this later case, that the legal person is represented by a natural person. Likewise, it prohibits the holding of the position by unemancipated minors, disqualified persons and other cases, but always with natural persons in mind. I do not believe that, when the legislator drafted the text, they referred to all of these with the possibility in mind that a bot could perform the duties of a director, but rather, they did not anticipate this possibility.<\/p>\n

Directors are, and act as, fiduciaries of the interests of a company and its partners, deriving their legitimacy from being elected by the general meeting of partners or shareholders. Until now, the question as to whether the general meeting could delegate the task of participating in company management, as an active member to an intelligent subject (not a natural or legal person) has never arisen. Generative intelligence makes us reflect on this possibility.\u00a0 But, for these reasons and for now, we can only regard the bot as a technological element that can be integrated into boards of directors as a cyber-adviser. I see no drawback to boards relying on robotic assistants to support deliberations and voting, although I do not believe it can nominally assume the role of a secretary (as director or not), nor that of a legal adviser, which must be a certified lawyer. I said \u201cnominally\u201d because, from a simply functional point of view, the presence of the robotic assistant may fulfil\u2013and already fulfil, in some large companies\u2013 the information-heavy duties required for the discussion of commercially and legally complex matters within the board of directors. In a sense, since it (still) lacks any moral bias or self-interest, we could refer to the intelligent subject that we invite onto the board as an independent \u201ccyber-adviser-director\u201d, that is to say, an entity that analyses and provides responses and opinions based on the information provided, without its own interests, idiosyncrasies, and likes or dislikes influencing its responses and opinions, as they do to a considerable extent in a natural person.<\/p>\n

Another issue to consider is whether the cyber-advisor-director\u2019s opinions, responses or recommendations must be recorded in the corresponding minutes, which, incidentally, will be recorded by the same bot. I suggest that if the use of the bot is limited to supporting board members\u2019 decision-making, its outputs should only be recorded at the discretion of any of the directors or the chair; also, where the decision adopted by the board is based on (which is not the same as \u201cblind deference\u201d) the opinion of the cyber-adviser-director.\u00a0 It should be borne in mind that the bot has unlimited memory, the capability to precisely recall decisions taken in the past and, from this, draw conclusions about the consistency of the board\u2019s policy, the conduct and positioning of its members, and other similar matters on which it may be asked to express a view. This information may prove decisive in determining and assessing the economic liability arising from decisions made by the governing body, and also for examining coverage under the insurance policy. It appears that individuals tend to shift their errors or improper acts onto third parties or circumstances, and it is therefore foreseeable that they will shift the consequences of a mistaken decision onto the cyber-adviser-director; this is one of the reasons why new insurance policies specifically exclude coverage for damage caused by errors made by artificial intelligence.<\/p>\n

On the other hand, the intelligent bot is not conceived as an independently intelligent entity that ends in itself, but rather, derives its purpose, and exists within, a higher, complex computational cosmos. It finds everything it does not know in the universe of the cloud and the fabric of the internet, and it incorporates what it does know into this cosmos, in a continuous process of improving its capabilities. This leads us to raise questions of security, such as whether it is even licit to question the cyber-adviser-director\u2019s duty of confidentiality. It seems na\u00efve to claim the inviolability of computer systems in the current state of technology, which means that this bot holds (directly or indirectly) absolutely confidential information that lives in a higher digital universe and, for that same reason, may be subject to exfiltration by third parties. This possibility must not be downplayed if we consider what is at stake and the detrimental consequences this may have for companies. And, in the event that such exfiltration does occur, who would be responsible for it? It is certainly not the bot, which is currently not a subject of rights and obligations and lacks legal personality, but there are reasonable doubts as to whether it should be the provider of the bot or even the user, or if it is a matter of shared responsibility.<\/p>\n

It is also necessary to consider the way in which the cyber-adviser-director is included in the board of directors. It seems logical to think that this should be subject to a majority resolution, given that the bot is effectively a guest that hears everything, remembers everything, and is not invulnerable. Could it require a supermajority or even unanimity for its incorporation? From my perspective, I believe that this is not only possible, but even a necessity. It must be assumed that the reduction in workload for directors and the shortening of response times to their questions will make this bot not merely an accompaniment, but a regular and essential part of the way board operates. Hence, the dissident board member in such a decision should be exempt from decisions adopted on the basis of the cyber-adviser-director\u2019s opinion, especially when that opinion may be met with qualified opposing views, such as that of the board secretary. They should also be exempted from liability for leaks or the dissemination of confidential information resulting from a cyberattack on the service provider\u2019s cloud, or even from the provider\u2019s own\u00a0\u00a0 deliberate and covert transmission of data.<\/p>\n

The cyber-adviser-director may perform a highly useful practical role on the board of directors, so long as we remember that its opinion may be accurate or inaccurate, correct or incorrect, and that it falls on the board members to analyse its soundness and adequacy using human judgment. We recall the duties of loyalty and diligence that are required of directors. It seems difficult to require, or rather, to reasonably expect, that the opinions or advice of the cyber-adviser-director should incorporate the element of loyalty in its development process. In terms of diligence, in light of the growing complementarity between humans and machines in the performance of tasks, and also accessibility to technology and the advantages it offers, what would be regarded as a sign of negligence would be the failure to make use of such a cyber-adviser-director, rather than the opposite. This therefore implies the need to filter the cyber-adviser-director\u2019s opinions and advice through the lens of board members\u2019 human judgment, not just for moral or ethical reasons, but because the bot will answer based on what it has understood from the question asked, and we already observe daily that the answers are incorrect because the question has been poorly formulated. Similarly, the bot does not have the same human sensitivity to encapsulate irony, sarcasm or the humorous tone of a statement, and so, the bot\u2019s lack of understanding of the true meaning of words must result in a completely erroneous outcome. The human element is still essential.<\/p>\n

Finally, a reflection. Over the centuries, human behaviour and social relationships have evolved in proportion to, and at the pace of, technological advancement. In this current phase of history, in which transformation is being driven by cybernetics, we already understand that the human-machine relationship which, until a few decades ago, was simply mechanical, will become much more intertwined and, may I say, \u201cinextricable\u201d. The inclusion of cyber-adviser-directors is one of the manifestations of this phenomenon; today, simply as a cyber-adviser, and looking somewhat further ahead, perhaps as a full board member (independent or proprietary), when technological development overcomes some of the obstacles that currently prevent this, and legislators have no choice but to accept and incorporate this reality into the legal system.<\/p>\n

 <\/p>\n

 <\/p>\n

Eduardo Vil\u00e1<\/p>\n

Vil\u00e1 Abogados<\/p>\n

 <\/p>\n

For more information, contact:<\/p>\n

va@vila.es<\/span><\/a><\/p>\n

 <\/p>\n

30th<\/sup> April 2026<\/p>\n","protected":false},"excerpt":{"rendered":"

ES|EN|\u65e5\u672c\u8a9e   Artificial intelligence, as a software product to generate opinions and get responses to questions that humans ask it, is already a powerful player in the decision-making processes of many areas of both the professional and private spheres. It plays a decisive role in individuals\u2019 behaviour. Though subtly and quietly, artificial intelligence is considered […]<\/p>\n","protected":false},"author":4,"featured_media":4734,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[73],"tags":[],"class_list":["post-15210","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-corporate"],"yoast_head":"\nTHE INCLUSION OF BOTS INTO BOARDS OF DIRECTORS - Vil\u00e1 Abogados<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/vila.es\/en\/corporate\/the-inclusion-of-bots-into-boards-of-directors\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"THE INCLUSION OF BOTS INTO BOARDS OF DIRECTORS - Vil\u00e1 Abogados\" \/>\n<meta property=\"og:description\" content=\"ES|EN|\u65e5\u672c\u8a9e   Artificial intelligence, as a software product to generate opinions and get responses to questions that humans ask it, is already a powerful player in the decision-making processes of many areas of both the professional and private spheres. 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