Legal liability for damage caused by Artificial Intelligence systems in banking operations

Artificial intelligence is increasingly transforming commercial banking while creating new legal issues concerning damage caused by AI systems. This study employs qualitative methods, including analysis, synthesis, and comparison of Vietnam’s 2025 Law on Artificial Intelligence and related legislation, to clarify mechanisms for determining legal liability for AI-related harm in banking operations. The findings identify major challenges in determining responsible parties and allocating liability among AI developers, providers, deployers, and other actors throughout the AI lifecycle. Difficulties are compounded by autonomous system behavior, complex causal relationships, and the “black-box” nature of certain AI models. The study proposes recommendations for improving the legal liability framework to enhance accountability, banking safety, and the effective application of AI technologies.