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Article 43
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(Scope of application for directions on AI)
- An organization shall follow the control and management advised in these directions when using AI in its direct interactions with consumers and provision of advice on financial products, or provision of customer services that may affect client’s rights and interests in financial trading or have a material impact on operation.
- For material impact on operation in this article, refer to the Directions for Operations Outsourcing by Securities Firms, the Directions for Operations Outsourcing by Futures Commission Merchants, and the Directions for Operations Outsourcing by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises for the definition of materiality.
- If a Taiwanese subsidiary or branch of a foreign business group provides the services in the first paragraph through the AI system provided by its foreign parent company or head office, it may follow the management and control measures established by its foreign parent company or head office, provided the requirements shall not be less than those under these directions. The Taiwanese subsidiary or branch of a foreign business group shall still establish an adequate internal control and risk management mechanism for its Taiwanese business to have a full control over control and management of its Taiwanese operation involving AI services.
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