Keeping ahead of regulations and obligations: A 2026 guide for public boards

Public boards face a complex regulatory landscape, intensified by public scrutiny. Emerging technologies like AI, coupled with rising expectations for transparency and ethical tech use, are raising the stakes for governance. The pressure is on: gaps in oversight can lead to costly legal penalties and lasting reputational damage. Strong, proactive governance isn’t optional; it’s essential.
Diligent’s new analysis, "Keeping ahead of regulations and obligations: A 2026 guide for public sector boards," provides a sharp look at the shifting regulatory demands shaping governance. Developed with insights from public sector leaders, this report highlights the most pressing compliance areas that will shape governance practices in the coming year, emphasizing a strategic shift toward resilient and forward-thinking approaches.
Five key regulatory fronts for public sector boards
As we approach 2026, this guide identifies five pivotal areas where public boards must focus their attention to ensure effective governance and compliance.
1. Livestreaming mandates
The push for greater transparency in public meetings is accelerating. Many states now require live meeting feeds and archived recordings, with some already having these laws in place. This trend demands both the necessary technical infrastructure and clear policies to ensure fair access and compliance with public record laws, reflecting a broader societal expectation for open government.
2. Accessibility standards
Ensuring digital and physical accessibility for all citizens is transitioning from a best practice to a growing legal imperative. Public sector entities are under increasing pressure to comply with evolving accessibility standards, particularly for online services and information. This requires a comprehensive approach to design and delivery, ensuring that public services are truly inclusive.
3. Cybersecurity imperatives
The threat landscape for public sector organizations is constantly expanding, making robust cybersecurity non-negotiable. Boards must grapple with increasingly sophisticated cyber threats and a patchwork of federal, state and local regulations designed to protect sensitive data and critical infrastructure, underscoring the need for continuous vigilance and adaptive security frameworks.
4. AI governance and ethics
The rapid adoption of AI across government functions introduces a new frontier of regulatory challenges. Public sector boards must navigate new and constantly changing guidelines concerning AI ethics, data privacy, bias mitigation, and accountability. Developing clear policies for AI deployment is crucial to harnessing its benefits responsibly while safeguarding public trust.
5. Enhanced board training
The complexity of these evolving regulations places a significant burden on board members. Comprehensive, ongoing training is essential, extending beyond traditional fiduciary duties to include cybersecurity risks, AI implications and compliance best practices for effective oversight and strategic direction.
The imperative for proactive governance
This report is a vital resource for public sector boards. It advocates for a proactive, rather than reactive, approach to compliance, urging organizations to build robust governance structures that can anticipate and respond to regulatory changes. By understanding these critical trends and implementing strategic measures, public sector entities can mitigate risks, enhance effectiveness, and maintain public confidence.
For a comprehensive understanding of these challenges and actionable strategies for your organization, download the full report now.