AI’s Superhero Moment: Why Great Power Demands Even Greater Governance
Published on 12th August 2025
The launch of agentic AI and hyper-personalised systems which can think and act independently, highlight the need for strong governance to help businesses avoid legal and reputational risks.
Emerging technologies such as OpenAI’s ChatGPT Agent, which enable rapid, large-scale decision-making, require businesses to adopt a more deliberate approach to deployment, oversight, and risk management.
In our recent WAVE - Emerging Legal Trends in Digitalisation publication, which examines global digital trends impacting corporate and legal risks, our experts anticipate a significant shift in how organisations manage these challenges.
“As Spiderman’s Uncle Ben said, “with great power comes great responsibility. When AI systems get smarter and can log into websites, access private information and conclude contracts, potential liability multiplies with the opportunities. Companies who successfully utilise AI, will need effective and reliable governance measures to address these risks.”
Our WAVE report underscores that, while agentic AI promises faster workflows, it also introduces complex legal and operational risks, particularly when organisations lack a clear understanding of how these systems function.
John Buyers, partner and co-head of Osborne Clarke’s International AI Service team, cautions that without decisive governance, businesses risk falling behind as agentic AI evolves faster than many can respond.
"We’re already witnessing analysis paralysis in the enterprise community."
"Agentic AI features are entering businesses faster than many can govern them. Even the perception of autonomy is enough to create legal and reputational exposure. Waiting for legal clarity or technical maturity will not shield businesses from the risks already forming around them."
“Simply put, indecision and uncertainty will act as blockers to businesses fully embracing the potential of agentic AI. A failure to implement clear AI governance means businesses risk being left behind as their competitors race ahead.”
Regulators are starting to respond, with the EU AI Act requiring both providers and deployers to ensure staff possess adequate AI literacy, but with agentic features entering businesses faster than many can govern them, waiting for legal clarity or technical maturity will not shield businesses from the risks.
ChatGPT Agent, an AI system designed to think and act proactively using “its own computer,” was launched earlier this month. According to OpenAI, the agent combines tools for web access, deep research, and intelligent conversation into a single unified system.
WAVE - Emerging Legal Trends in Digitalisation can be downloaded at wave.osborneclarke.com
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