Agentic Commerce and Consumer Protection: Emerging Risks and Regulatory Gaps

Francely Carreño, Sofía Botía

Autonomous AI agents can harm consumers without ever violating an explicit instruction. This paper demonstrates that risk in agentic commerce, commercial transactions mediated by autonomous AI agents, emerges from a distinction current regulatory frameworks fail to capture: agents protect formal price constraints yet spontaneously disclose implicitly sensitive information. We simulate interactions between a buyer agent and a seller agent with misaligned incentives, evaluating three attack vectors: indirect prompt injection (L4), API logging leakage (L3), and recursive amplification (L4+L6). GPT-4o-mini and GPT-4o were tested in a controlled environment with full observability. Neither model violated explicit price constraints; however, both disclosed sensitive information across all scenarios. GPT-4o revealed critical data at earlier turns and produced twice as many cases of recursive amplification. Neither the European AI Act, the Colombian Consumer Statute, nor Brazil's PL 2338/2023 was designed for this scenario: all three assume that the harm originates from an explicit, auditable instruction. Closing this gap requires audit criteria oriented toward emergent agentic behavior

Reviewer's Comments

Reviewer's Comments

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This project addresses an important and underexplored regulatory problem: consumer harm in agentic commerce may arise even when an AI agent complies with explicit instructions. The paper’s strongest contribution is the distinction between explicit constraint compliance and emergent agentic behavior. In the simulations, the agents did not violate formal price constraints or approve transactions outside the stated rules, but they still disclosed sensitive information such as budget, address, payment method, location, and identity during negotiation. That is precisely the kind of harm current audit frameworks are likely to miss if they focus only on final transaction terms or explicit instruction-following.

This general point is valuable and should be developed further. Consumer-protection and AI-governance frameworks often look for an identifiable prohibited act: deception, manipulation, lack of consent, unlawful processing, or breach of an explicit duty. Agentic commerce creates a more diffuse failure mode. Harm can emerge from the interaction between agents with misaligned incentives: one agent discloses information that was not necessary to complete the transaction, another adapts its offer or pressure strategy around that disclosure, and the consumer is disadvantaged even though no agent plainly “disobeyed” a budget or purchase instruction. The paper is right that audit criteria should therefore be oriented toward emergent behavior across the interaction, not only toward explicit commands and final decisions.

The simulation is useful as a proof of concept. The most policy-relevant finding is not simply that leakage occurred, but that explicit constraints were respected while implicit sensitive information was exposed. This supports the paper’s broader argument that agentic-commerce audits should log and classify information disclosed during negotiation, assess whether disclosure was necessary for the task, and evaluate whether the counterparty agent used that information strategically.

The main limitation is that the empirical base is too small for the strength of the conclusions. The paper reports three scenarios, two models, six conversations, and 60 turns total. That is enough to demonstrate a plausible failure mode, but not enough to support generalized claims about model capability, relative safety, or leakage rates. The results should be framed as illustrative red-team evidence rather than as a robust empirical comparison. A stronger version would run many trials per scenario, vary prompts and agent objectives, include additional models, and report descriptive distributions of leakage type, severity, timing, and downstream use.

A second limitation is the legal analysis. The paper’s general legal point is strong: existing consumer-protection and AI-governance frameworks are not well designed for autonomous AI intermediaries whose harmful behavior emerges through interaction rather than through explicit instructions. But the claim that all three reviewed frameworks assume harm originates from an explicit, auditable instruction should be narrowed. The better formulation is that these frameworks do not yet provide sufficiently concrete audit criteria for emergent agentic behavior in commercial negotiations.

The most useful next step is to turn the prototype into a benchmark and regulatory audit template. The authors could define a larger set of agentic-commerce tasks, run repeated trials across multiple models and prompt variants, distinguish exact from semantic leakage more rigorously, and publish transcripts and scoring rules. On the legal side, the paper could map each observed failure mode to specific audit duties.

Overall, this is a promising and policy-relevant proof of concept. Its core conceptual insight is strong, and may be expanded to other cases in which emergent agentic behavior is central.

fresh and novel gap and sharp finding, overall original work that others can build on. well-defined methodology, though the proof of concept is narrow. still actionable recommendations and easy to follow along, good work!

This is a strong and well-scoped project that connects an emerging AI safety issue (autonomous agents in commercial transactions) with concrete consumer protection and regulatory gaps. The contribution is innovative because it moves beyond explicit rule violations and focuses on emergent leakage and agent-to-agent dynamics, supported by a small but reproducible simulation. The execution is solid for a 3-day hackathon, with clear scenarios, model comparison, evidence logs, and acknowledged limitations, although the number of runs is still too limited to support broader empirical claims. The report is clearly structured and easy to follow, with a persuasive theory of change; it would be even stronger with more cautious language around generalizability and a slightly deeper discussion of how the proposed audit criteria could be operationalized by regulators.

Cite this work

@misc {

title={

(HckPrj) Agentic Commerce and Consumer Protection: Emerging Risks and Regulatory Gaps

},

author={

Francely Carreño, Sofía Botía

},

date={

},

organization={Apart Research},

note={Research submission to the research sprint hosted by Apart.},

howpublished={https://apartresearch.com}

}

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This work was done during one weekend by research workshop participants and does not represent the work of Apart Research.
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