AI liability for MSPs: missing policies create audit risk — Ignacio Lopez, Work-Smart.ai

About this episode

A persistent governance gap is emerging in organizational AI implementations, especially among clients of MSPs. Despite the integration of AI in regulated sectors like wealth management and construction, most MSPs are neither engaged at project inception nor maintain oversight through formal policies or audit-ready documentation. Specific examples include deployments using technologies such as Claude, where neither roles for approving AI configurations nor processes for tracking data access are uniformly established. A key development is the insufficiency of existing evidence and controls around AI use. Fewer than 20% of current client projects have written AI policies, and among 53 surveyed family offices, 80% are using AI without documented policy guidance. Insurers have started to introduce generative AI exclusions (e.g., CG4047), shifting the liability and evidentiary burden onto clients and their MSPs. Auditors now require dated, traceable documentation demonstrating that controls align with enacted policy, especially when AI accesses sensitive platforms like Microsoft 365. Related discussions further illustrate the depth of this issue. The lack of clarity around who is auth