Non-delegable decisions

Non-delegable zones · Red-zone decisions · Decisions that must remain human

Definition

Non-delegable decisions are those an organization keeps in human hands whatever their score, because they engage its reputation, its legal liability or its economic survival, or because their damage cannot be repaired. They are excluded from delegation before any calculation takes place.

Excluded first, scored second

The order matters. Any scoring method gives a low score to a rare event, including one that would be catastrophic. ACF therefore starts with the irreparable-harm test: if the agent carried out the decision perfectly but with no judgment, and the resulting damage could not be repaired, then the decision is not delegable, whatever its criticality score. The test acts as a veto and cannot be offset by a good score elsewhere.

Three families are ruled out at this stage: harm to people, acts the law reserves to a person, and damage with no way back.

Examples from a classification of 150 decisions

See the full method on the decision classification page.

FunctionDecision that stays humanWhat the agent does instead
FinanceChanging a supplier's bank detailsHolds the request until a person confirms by calling a known number
LegalSigning a contract on behalf of the companyPrepares the file and passes it on
Human resourcesRejecting an applicantPasses the application to a person
ITDeleting data or backups in productionStops and hands over
OperationsRestarting equipment after a safety shutdownAlerts the qualified person
Sales and marketingSpeaking for the company to the pressForwards the request

Writing the prohibition before discovering it

A chatbot at a Chevrolet dealership agreed in December 2023 to sell a 2024 Tahoe for 1 dollar after a user told it to accept any request, an incident recorded in the AI Incident Database. Nothing technical failed: nobody had told the system what it must never do. A prohibition that exists only in people's minds tends to be discovered on the day it is breached.

Saying that a decision is non-delegable is only the start. A usable rule states the signals that trigger a hand-over to a person, who that person is, and how quickly they respond.

Frequently asked questions

Can an agent help with a non-delegable decision?

Yes. It can gather the documents, draft a proposal and flag a problem. The final decision and the act that commits the organization stay with a person, whose review has to be real and not a signature on autopilot.

Does the GDPR forbid automated decisions?

Article 22 gives people the right not to be subject to a decision based solely on automated processing when it has legal or similarly significant effects, with limited exceptions: necessity for a contract, authorization by law, or explicit consent.

Where does your organization stand?

ACF Score measures your agentic governance in about 10 minutes, the AI Act checker tells you which obligations apply, and ACF Control applies your rules before an agent acts.

Take the ACF ScoreAI Act checkerACF Control

Related terms

See all 25 terms in the glossary

Primary sources

Written by Vincent Dorange, creator of the Agentic Commerce Framework®. Last updated .