AI & Digital Transformation Governance for Boards
Technology like generative AI is moving faster than most compliance frameworks. I help boards manage this shift, ensuring your digital growth doesn't become a legal liability.
I will be speaking at the CII Governance Series in Bengaluru on "Corporate Governance and Digital Transformation." My session will explore how technology is reshaping governance and the evolving responsibilities of boards in ensuring ethical and future-ready leadership.
I am excited to address the CII Governance Series in New Delhi on "Artificial Intelligence, Governance and the Board." My focus will be on how AI is transforming governance frameworks and the critical role boards must play in this new landscape.
At the CII Governance Series in Chennai, I emphasized that as AI reshapes business, governance must evolve to ensure transparency and stakeholder confidence. Proactive AI governance, rooted in ethics and data security, is what builds trust and drives long-term competitive advantage.
During this CII Governance Session, I explained the expanded fiduciary duties of a company's board under Section 166 of the Companies Act. I detailed the risks of strict liability arising from the use of vulnerable open-source code and AI, stressing the need for boards to implement robust compliance frameworks to mitigate personal liability.
At the CII Governance Series in Mumbai, I discussed the urgent need for boards to oversee open-source code licensing and generative AI. Highlighting that nearly half of boards do not yet consider AI a key agenda item, I stressed the importance of supervision to ensure AI safety and integrity.
My partner Rachika Sahay and I attended the Global Infrastructure Investor Association conference in London. The event focused on key opportunities in global infrastructure, including the legal and governance challenges of digital transformation and energy transition.
I was pleased to share my insights at the CII Governance Series in Mumbai, focusing on the vital role of governance in India's growth. My discussion covered the evolving corporate governance landscape, the rise of ESG, and the importance of robust risk management and tech oversight.
About this collection
Most boards treat AI implementation as a tech issue, not a legal one. When you integrate generative AI, you are not just adopting a tool; you are potentially assuming strict liability for open-source copyright violations. I work with leadership teams to bridge this gap by reviewing your open-source licensing and AI frameworks before they become a board-level risk.
Understanding the Liability Shift
Historically, corporate governance focused on fiduciary duties to the company and its shareholders. Today, that responsibility has expanded significantly under Section 166 of the Companies Act. As AI and open-source code become central to operations, they introduce risks that are often categorized under strict liability. In this legal construct, defenses like 'I did not know' or 'I had no ill motive' do not hold up. If your company uses code that infringes on copyright, the board is often held responsible for failing to exercise proper oversight.
My Approach to Tech Governance
I move beyond standard 'tick-box' compliance. My advisory services are built on the reality that reactive governance is a failed strategy. My process includes:
- Open-Source Audit: Assessing your tech stack to identify vulnerable or non-compliant code before it triggers a legal dispute.
- AI Governance Frameworks: Developing board-level policies that define how generative AI is utilized, ensuring accountability and data integrity.
- Regulatory Horizon Scanning: Keeping your board updated on the latest shifts in the DPDPA and IT Act to ensure your digital strategy remains protected.
Why This Matters for Your Board
With 96% of companies currently utilizing open-source code, the potential for copyright infringement is high. Boards are increasingly being called upon to demonstrate due diligence. I provide the technical and legal oversight necessary to defend your decisions, secure your operations, and navigate the complexities of digital transformation without stalling innovation.
Krishnava Dutt
I am Krishnava Dutt, Managing Partner at Argus Partners. I don't just draft legal documents; I work directly with boards to manage the messy side of digital growth. My approach is to strip away the jargon and build clear, enforceable frameworks that keep you ahead of regulatory changes.
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