ABSTRACT

'Robo-advisers' are digital tools that provide automated, personalised advice to consumers. The uses of robo-advisers, and the sophistication of the technologies behind them, are growing. One field in which robo-advisers have already become prominent is financial services, where they are being used to provide credit, budgeting, insurance and investment advice. Professional advisers are subject to a general law duty of reasonable care, which overlaps with requirements of suitability or best interests commonly imposed under financial services legislation. This article considers how these kinds of duties should be interpreted in applying to financial robo-advisers. It argues that the legal duty of reasonable care for automated financial advice requires regard not only to the risks familiar from human advisers, of self-interested or poorly suited recommendations, but also the risks arising from the use of digital technology in providing advice, including the possibility of misunderstandings in interactions with consumers, and arising from inaccurate, opaque and possibly biased models.

摘要

“机器人顾问”是一种数字工具，可以为消费者提供自动化、个性化的建议。机器人顾问的使用及其背后技术的复杂性正在不断增长。机器人顾问已经变得突出的领域之一是金融服务，它们被用来提供信贷、预算、保险和投资建议。专业顾问须遵守一般法律的合理谨慎义务，这与金融服务立法中通常施加的适当性或最佳利益的要求重叠。本文探讨了在适用于金融机器人顾问时应如何解释这些职责。它认为，对自动财务建议的合理关注的法律义务不仅需要考虑人类顾问所熟悉的风险，