Chile: AI and data protection regulation
Chile has no AI law, but its new data law, with rights regarding automated decisions, applies from December 1, 2026, unless the postponement to October 2027 is enacted.
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Summary
Law 21,719 modernizes data protection with a European-style regime: transparency, rights regarding automated decisions, impact assessments, breach reporting and an agency with fines up to 20,000 UTM. Its legal start date is December 1, 2026; on October 28, 2026 the Senate approved delaying it to October 15, 2027, and the Chamber still has to vote. Already in force are the platform work law, which bans algorithmic discrimination, and the Cybersecurity Framework Law, which requires reporting incidents within 3 hours. The AI bill is still in the Senate.
- Binding AI law today?
- No
- Obligations verified in the official source
- 65 %
- Information as of
Authorities
- Personal Data Protection Agency
Will enforce Law 21,719 and, if passed, the AI law; being set up, with no board as of October 2026
- National Cybersecurity Agency (ANCI)
Cybersecurity and incident reporting
- Labor Directorate
Enforces the platform work law
- National Consumer Service (SERNAC)
Consumer protection, including AI use
- Council for Transparency
Algorithmic transparency and data in the public sector
Rules covered
| Rules | Status | Obligations and dates |
|---|---|---|
| Law 21,719 on personal data protection Law 21,719 | Adopted, applies later | 9 |
| Law 19,628 on privacy (text in force until Law 21,719 applies) Law 19,628 | In force | 1 |
| Law 21,431 on digital platform workers Law 21,431 (platforms) | In force | 3 |
| Cybersecurity Framework Law Law 21,663 (cybersecurity) | In force | 2 |
| SERNAC circular on artificial intelligence and consumers SERNAC AI circular | Regulator guidance | 2 |
| Bill regulating artificial intelligence systems AI bill (Bulletin 16821-19) | Bill | 4 |
| Deepfakes bill Deepfakes bill (17795-19) | Bill | 2 |
Key dates
- Legal effective date · Law 21,719
- Law 21,719 amendments apply (unless postponed) · Law 19,628
- New date if the postponement is enacted · Law 21,719
Show past dates (13)
- Senate approves postponement (Bill 18.623-07); goes to the Chamber · Law 21,719
- Latest urgency renewal cited · AI bill (Bulletin 16821-19)
- Approved in general by the Chamber (128-2-5) · Deepfakes bill (17795-19)
- Law 21,806 brings forward the appointment of the Agency's board · Law 21,719
- Passed by the Chamber; sent to the Senate · AI bill (Bulletin 16821-19)
- Incident reporting becomes enforceable · Law 21,663 (cybersecurity)
- ANCI begins operating · Law 21,663 (cybersecurity)
- Published in the Official Gazette · Law 21,719
- Filed in the Chamber · AI bill (Bulletin 16821-19)
- Published in the Official Gazette · Law 21,663 (cybersecurity)
- Takes effect · Law 21,431 (platforms)
- Published in the Official Gazette · Law 21,431 (platforms)
- Published · Law 19,628
Use cases with their own obligations in Chile
- Hiring, evaluation or termination of staff
- Algorithmic worker management (shifts, tasks, pay)
- Worker monitoring
- Credit or creditworthiness scoring
- Insurance pricing or underwriting
- Diagnosis, triage or clinical support
- Admissions, grading or exam proctoring
- Biometrics, facial or emotion recognition
- Access to public services or benefits
- Other automated decisions with significant effects (housing, pricing, access to services)
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