AI Regulation: What Businesses Need to Know in 2026
AI is quickly proving to be one of the most disruptive and powerful technologies of the 21st century. AI agents, systems, and platforms now enable businesses to apply vast amounts of historical and real-time data to make precise decisions, find relationships and opportunities, spot anomalies, and create dynamic content on demand. AI can bolster enterprise security, improve business efficiency, drive revenue, and vastly enhance customer experiences.
However, there are downsides to these exciting capabilities. AI can hallucinate and exhibit bias. It can perform unexpected actions and can be easily used for a wide range of malicious purposes. AI’s faults can expose a business and its brand to compliance and legislative violations. Poor AI behaviors are often costly to executives, the organization, and ultimately the customers or users. For example, consider the life-threatening implications of a medical AI tool making improper diagnoses, recommending incorrect procedures, or failing to note critical drug interactions.
Why AI Regulation is Necessary
The regulation of artificial intelligence establishes policies and laws intended to govern the creation and use of AI systems. While many industry verticals, such as healthcare or financial industries, sponsor and support the creation of standards or governance principles, the broad adoption and powerful capabilities of AI demand regulation by the public sector, namely government bodies.
This article is part of a broader discussion on enterprise AI, covering topics such as how AI can drive revenue, jobs that AI can’t replace, and trends in AI and machine learning to watch in 2026.
Areas of AI Regulation
AI regulation can involve numerous areas of business operations, including:
- Technical implications in supporting IT infrastructure, such as data centers.
- Economic aspects of AI, like energy use and costs for regions housing AI data centers.
- Legal aspects of AI concerning business risks, data security, privacy, and preventing illegal AI use.
- Behavior and performance of AI systems, focusing on their accuracy and explainability.
- Ethical use of AI, such as mitigating bias in machine learning algorithms.
- Human oversight and control of AI.
- Limits on AI, such as restricting AI superintelligence that exceeds human capabilities.
AI regulations can be created, implemented, and enforced at various public sector levels including state, federal, or regional levels such as the EU, OECD, or African Union.
Advantages and Challenges of AI Regulation
Ideally, the purpose of AI regulation is to foster the development of AI and its supporting technologies while establishing legal frameworks and safeguarding the rights, freedoms, and safety of users. Common benefits of AI regulation include:
- Ethical AI: Regulation can create a framework for ethical AI development and use, preventing dangerous practices.
- Data privacy and security: Regulation ensures that sensitive data is secure and used appropriately.
- Responsibility: Regulations clarify liability when AI systems make mistakes, establishing responsibility limitations based on adherence to best practices.
- Fairness and transparency: Regulation ensures AI developers mitigate bias and promote transparency in AI decision-making.
- Human in the loop: Requirements for human oversight in AI decisions ensure support is available in operations.
However, several challenges accompany these regulations:
- Costs of regulation: Compliance can impose significant costs on businesses.
- Limited innovation: Overly restrictive regulations can stifle AI innovation.
- Inapplicable regulation: Lawmakers often lack deep understanding of AI technologies, leading to inadequate regulations.
- Regulatory obsolescence: Regulations can lag behind the rapid pace of AI development.
- Inflexible rules: Regulations may not apply uniformly across different AI designs or industry verticals.
AI Regulations in the U.S.
AI regulation in the U.S. is currently fragmented, existing as a mix of executive orders, existing laws, and state-level legislation. Notable developments include:
- President Biden signed Executive Order 14110 for safe AI development in October 2023, but this was repealed by President Trump in January 2025.
- State legislatures are enacting varied measures, resulting in a patchwork of laws. Examples include:
- New York City’s Bias Audit Law, which prohibits automated hiring tools unless audited for bias.
- Utah’s Artificial Intelligence Policy Act, establishing liability for undisclosed generative AI use.
- California’s Transparency in Frontier Artificial Intelligence Act, enhancing online safety in AI development.
Global AI Regulations
Many countries are considering and implementing AI regulations primarily focused on AI safety and responsible use. Notable regulations include:
- The EU’s AI Act, expected to be fully implemented by June 2026.
- The U.K., Switzerland, and Australia rely on existing laws while seeking to introduce AI-specific guidelines.
- China is actively creating AI regulatory frameworks addressing algorithmic recommendations and ethical norms.
Trends in AI Regulation for 2026 and Beyond
AI regulation will present challenges for global organizations as it evolves. Expected trends include:
- Increased regulation and enforcement, with governments prioritizing responsible AI.
- Regulatory fragmentation, leading to localization of AI systems and compliance challenges.
- Balancing regulatory benefits against potential costs and risks for businesses.
- Demonstrating compliance can serve as a competitive advantage in the market.
Best Practices for Meeting AI Regulations
To navigate the challenges of AI regulations, businesses should embrace the following best practices:
- Lead in AI governance: Establish clear AI policies and governance groups.
- Focus on AI integrity: Implement comprehensive data controls and ensure transparency in AI systems.
- Watch for regulations: Stay updated on AI regulatory developments and adjust compliance strategies accordingly.
- Prepare for compliance audits: Maintain thorough documentation and conduct routine test audits.
- Involve the workforce: Invest in employee education on AI regulations and best practices.
As AI continues to expand its capabilities, businesses must be proactive in understanding and complying with emerging regulations to mitigate risks and maximize opportunities.