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Core Purpose

This notification amends the Securities and Exchange Board of India (Intermediaries) Regulations, 2008 by inserting Chapter IIIB on the responsible use of Artificial Intelligence.

Detailed Summary

The Securities and Exchange Board of India (SEBI) introduces Chapter IIIB to the Intermediaries Regulations, 2008, addressing the 'Usage of Artificial Intelligence'. Regulation 16C mandates that any SEBI-regulated entity using AI and machine learning tools is solely responsible for ensuring data privacy, security, and integrity of investor and stakeholder data, the outcomes derived from these tools, and adherence to all applicable laws. The Board is authorized to take action against any violation of these provisions, including actions under Chapter V of the regulations. The regulation clarifies that AI/ML tools encompass applications or software used for investor services, internal operations, investment strategies, advice, compliance, and business management.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-10022025-260879 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 92] NEW DELHI, MONDAY, FEBRUARY 10, 2025/MAGHA 21, 1946 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 6th February, 2025 SECURITIES AND EXCHANGE BOARD OF INDIA (INTERMEDIARIES) (AMENDMENT) REGULATIONS, 2025 F. No. SEBI/LAD-NRO/GN/2025/226.—In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Intermediaries) Regulations, 2008, namely: - 1. These regulations may be called the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2025. 2. They shall come into force on the date of their publication in the Official Gazette. 3. In the Securities and Exchange Board of India (Intermediaries) Regulations, 2008, after Chapter IIIA and before Chapter IV, the following Chapter shall be inserted, namely, - "CHAPTER IIIB USAGE OF ARTIFICIAL INTELLIGENCE Responsibility for the use of artificial intelligence. 16C. (1) Any person regulated by the Board who uses artificial intelligence and machine learning tools and techniques, either designed by it or procured from third-party technology service providers, irrespective of the scale and scenario of adoption of such tools for conducting its business and servicing its investors, shall be solely responsible a) for the privacy, security and integrity of investors' and stakeholders' data including data maintained by it in a fiduciary capacity throughout the processes involved; b) for the output arising from the usage of such tools and techniques it relies upon or deals with; and c) for the compliance with applicable laws in force. (2) The Board may, in case of violation of the provisions of sub-regulation (1), take such action as it may deem fit including action under Chapter V of these regulations. Explanation: For the purpose of this regulation, - a) the expression “artificial intelligence and machine learning tools and techniques” may include any application or software program or executable system or a combination thereof, offered by the person regulated by the Board to investors/stakeholders or used internally by it to facilitate investing and trading or to disseminate investment strategies and advice or to carry out its activities including compliance requirements and the same are portrayed as part of the products offered to the public or under usage for compliance or management or other business purposes; b) the expression “person regulated by the Board" shall have the same meaning as provided under Explanation 1 to regulation 16A.” BABITHA RAYUDU, Executive Director [ADVT.-III/4/Exty./949/2024-25] Footnote: 1. The Securities and Exchange Board of India (Intermediaries) Regulations, 2008 was published in the Gazette of India, Part III Section 4 on May 26, 2008 vide notification No. LAD-NRO/GN/2008/11/126538. 2. The Securities and Exchange Board of India (Intermediaries) Regulations, 2008 was subsequently amended on: a) August 11, 2008 by the Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) (Amendment) Regulations, 2008, vide notification No. LAD-NRO/GN/2008/20/134766. b) July 14, 2009 by the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2009, vide notification no. LAD-NRO/GN/2009-10/12/169546. c) January 7, 2014 by the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2014, vide notification no. LAD-NRO/GN/2013-14/36/12. d) May 25, 2016 by the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2016, vide notification no. SEBI/LAD-NRO/GN/2016-17/006. e) November 21, 2017, by the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2017, vide notification no. SEBI/LAD-NRO/GN/2017-18/021. f) April 17, 2020, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2020, vide notification no. SEBI/LAD-NRO/GN/2020/10. g) January 21, 2021, by the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2021, vide notification no. SEBI/LAD-NRO/GN/2021/07. h) May 5, 2021, by the Securities and Exchange Board of India (Intermediaries) (Second Amendment) Regulations, 2021, vide notification no. SEBI/LAD-NRO/GN/2021/20. i) August 3, 2021, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2021, vide notification no. SEBI/LAD-NRO/GN/2021/30. j) November 17, 2021,by the Securities and Exchange Board of India (Intermediaries) (Third Amendment) Regulations, 2021, vide notification no. SEBI/LAD-NRO/GN/2021/59. k) August 1, 2022, by the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2022, vide notification no. SEBI/LAD-NRO/GN/2022/91. 1) August 29, 2024, by the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2024, vide notification no. SEBI/LAD-NRO/GN/2024/201. m) December 5, 2024, by the Securities and Exchange Board of India (Intermediaries) (Second Amendment) Regulations, 2024 vide notification no. SEBI/LAD-NRO/GN/2024/216.

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