SEC AI Guidance in Financial Services
In effect since
Overview
SEC enforces existing fiduciary duties and disclosure requirements as applied to AI. Pursuing AI washing enforcement against companies overstating AI capabilities in securities filings. Proposed rule on predictive data analytics (2023-17958) unlikely to be finalized under current administration.
This is federal agency guidance interpreting existing statutes and rules.
Who this applies to
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
AI categories covered
- Financial services AI
- Consumer-facing AI
- Automated decision-making
Specific AI use cases:
- Credit scoring and risk assessment
- Customer profiling and segmentation
- Recommendation engines
What this requires you to do
Disclosure to users required
Disclose AI use. Make it clear to users when they are interacting with AI-generated content or AI-driven systems.
Transparency notice required
Provide transparency notices. Inform affected individuals that AI is being used and how it influences decisions.
Record-keeping required
Maintain records. Keep documentation of your AI systems, decisions made, and compliance activities.
Enforcement and penalties
Existing SEC penalties including disgorgement and civil fines.
Legislative history
How this law got here
- effective
Ongoing SEC application of fiduciary and disclosure duties to AI-related claims
Source
Read the full text
Last verified: April 9, 2026
Always verify current language and amendments at the official source.
This rule references NIST AI RMF practices. See the federal NIST AI RMF entry for context and source links.
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