Share on LinkedInShare on LinkedIn

ARTICLE · 03 JULY 2026

When Systems Decide: Consumer Law Risks In AI‑driven Decisions

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Contributor
Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

We have one of the largest Southeast Asia international law practices, working across the region...

View firm profile
Explore more from Herbert Smith Freehills Kramer LLP

AI enabled decision making systems are being increasingly used to determine dynamic pricing, assess credit eligibility, prioritise search results, and moderate content (among other decisions).

AustraliaConsumer Protection

When Systems Decide: Consumer law risks in AI‑driven decisions

AI enabled decision making systems are being increasingly used to determine dynamic pricing, assess credit eligibility, prioritise search results, and moderate content (among other decisions). While these systems may offer unprecedented speed, scale and cost savings, they also introduce legal risks where they produce inconsistent, biased, misleading or opaque outcomes. For in house lawyers, the question is no longer whether AI should be used, but whether the organisation can explain, monitor and defend what the system does in practice, particularly where it may affect vulnerable consumers or essential services. This article highlights three consumer law pressure points that legal teams should be stress testing now to mitigate risk associated with AI systems.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from