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ARTICLE · 06 NOVEMBER 2026

Key Cybersecurity Contract Provisions For Securing Agentic AI

Mayer Brown
Mayer Brown
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Agentic AI systems introduce unprecedented security challenges through their autonomous decision-making capabilities, broad system access, and machine-speed operations. As these tools gain the ability to independently execute code, access sensitive data, and make commitments without human authorization, organizations face expanded legal exposure from data breaches, regulatory violations, and third-party claims.

United StatesTechnology
Stephen Lilley
Stephen Lilley
Veronica Glick
Veronica Glick
Hadassah G. Diament
Hadassah G. Diament
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At A Glance

While agentic AI implementations vary, the broad access and automation associated with many agentic AI products can expand the security risks associated with abuse, misuse, or misalignment of these tools, creating substantial legal risks for businesses. This Legal Update describes these risks and identifies key contractual provisions to consider in contract negotiations, calibrated to the risks of agentic AI systems.

The contractual provisions that implicate cybersecurity have become well-established features of technology transactions. Parties to enterprise software, SaaS, and outsourcing agreements routinely negotiate security standards, incident reporting, audit rights, termination rights, governance, and liability allocation to identify, mitigate, and respond to software cybersecurity risks. Although the details vary by deal, the general framework for allocating and managing these risks is widely accepted.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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