Regulating with AI While Regulating AI: The Dual Role of Capital Markets Authorities
02/02/2026 Finance and investment | Ahmed Saeed Alnaqbi
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Artificial intelligence is increasingly shaping capital markets,
from algorithmic trading and robo-advisory services to automated compliance and
risk management systems. As this transformation accelerates, capital markets
authorities now occupy a distinct dual role: they are beginning to use AI to
enhance regulatory supervision, while simultaneously regulating the use of AI
by market participants.
This dual responsibility is not merely an opportunity; it is
becoming unavoidable. Markets now move at a speed and level of complexity that
periodic, rules-based supervision struggles to keep pace with. At the same
time, the rapid deployment of AI by regulated firms places new demands on
supervisors to understand how automated decisions are generated, governed, and
controlled.
In a regulatory context, agentic AI refers to AI systems capable
of independently executing predefined supervisory tasks, such as monitoring,
prioritisation, and alert generation-within strict regulatory rules and
continuous human oversight. These systems do not replace supervisory judgment;
rather, they reshape how that judgment is exercised.
For example, AI-enabled supervisory agents could continuously
analyse trading activity and corporate disclosures, flagging anomalous patterns
or emerging risks for human review. In practice, this shifts supervisory
attention away from broad, manual screening toward more focused assessment of
higher-risk cases. Importantly, final supervisory or enforcement decisions must
remain entirely human-led.
From a supervisory perspective, the most difficult questions are
not technical ones, but governance questions: when to trust AI output, when to
override it, and how to evidence that judgment after the fact. These questions
become more pressing as AI systems move from passive analytics toward more
autonomous behaviour.
Regulating with AI therefore requires more than technology
adoption. It requires robust internal governance, clarity of accountability,
and institutional understanding of AI limitations. Automated outputs should be
treated as inputs to regulatory judgment, not determinations in themselves. In
practice, the greater risk is not that regulators adopt AI too slowly, but that
they adopt it without sufficient internal challenge, testing, and supervisory
scepticism.
Supervisory authorities also face practical constraints such as
legacy systems, fragmented data, and skills gaps, that shape how quickly and
safely advanced AI can be deployed. These realities matter, and they should
temper expectations about what AI can realistically deliver in the short term.
At the same time, capital markets authorities must continue to
regulate the growing use of AI within the market. As AI systems used by firms
become more autonomous and adaptive, supervisory focus must extend beyond
outcomes alone to include model governance, data integrity, accountability, and
operational resilience. Where AI influences decisions, responsibility must
remain clearly assigned to identifiable individuals or governing bodies.
The interaction between using AI internally and regulating it externally
provides regulators with a practical advantage. Internal use of AI changes how
supervisory teams ask questions, challenge assumptions, and interpret signals
during real supervisory work. This experience supports more proportionate and
credible regulation, grounded in operational reality rather than abstraction.
Regardless of the level of AI autonomy involved, accountability
for supervisory outcomes must always rest with the regulatory authority and its
designated decision-makers. Human oversight remains essential, not as a
formality, but as a safeguard for due process, proportionality, and public
trust.
As international regulatory forums increasingly examine the role
of AI in financial markets, shared principles around transparency, governance,
and human-in-the-loop oversight will be critical to maintaining cross-border
confidence and supervisory cooperation.
Ultimately, regulating with AI while regulating AI is not a
contradiction. It reflects the evolving responsibilities of modern regulators
operating in increasingly digital markets, where credibility depends not on
adopting new tools quickly, but on governing them carefully.
Ahmed Saeed Alnaqbi
Senior Financial Analyst
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