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Chile · Circular

SERNAC circular on artificial intelligence and consumers

Regulator guidanceSERNAC AI circular

Summary

It explains how SERNAC applies consumer law when companies use AI. It expects a prior and ongoing risk assessment, bans arbitrary discrimination and dark patterns and treats behavioral data inferred by AI as sensitive.

Who it applies to

Businesses selling to consumers in Chile that use AI in consumer relationships.

Penalties

The rule has no penalty regime of its own, or it does not apply.

Official name
Circular interpretativa del SERNAC sobre la protección de los consumidores frente al uso de sistemas de inteligencia artificial en las relaciones de consumo (Resolución Exenta N° 33, de 2022)
Official reference
Resolución Exenta N° 33, enero de 2022
Regulator
National Consumer Service (SERNAC)
Secondary source
Check the sourceHow we verify sources

Obligations and dates

Obligations table
ObligationArticle or citationStatusDateWho it applies toVerification
Risk assessment of AI in consumer relationshipsCircular SERNAC Res. Ex. 33/2022Regulator guidanceAlready applicableIf you use AI with consumers: chatbots, personalized offers, pricing, credit or insurance.Pending confirmation in the official source (last checked: November 4, 2026)
No arbitrary discrimination and transparency toward consumersCircular SERNAC Res. Ex. 33/2022Regulator guidanceAlready applicableIf you use AI with consumers.Pending confirmation in the official source (last checked: November 4, 2026)

Risk assessment of AI in consumer relationships

Circular SERNAC Res. Ex. 33/2022Regulator guidance

Already applicable

When it relates
If you use AI with consumers: chatbots, personalized offers, pricing, credit or insurance.
What the rule provides
  • Assess risks before deployment and on an ongoing basis.
  • Document due diligence on vendors and models.
Typical evidence
  • Risk assessment per system.
Verification
Pending confirmation in the official source (last checked: November 4, 2026)Interpretive circular from January 2022 (Exempt Resolution No. 33) described by secondary sources (Garrigues, Santiago Chamber of Commerce). The SERNAC website did not respond in this review, so the resolution text is still unchecked. It is SERNAC's interpretation, not a new rule, but it shows how SERNAC will apply consumer law.

No arbitrary discrimination and transparency toward consumers

Circular SERNAC Res. Ex. 33/2022Regulator guidance

Already applicable

When it relates
If you use AI with consumers.
What the rule provides
  • Avoid discriminatory outcomes and dark patterns.
  • Treat behavioral or preference data obtained with AI as sensitive.
  • Tell consumers when they are interacting with AI.
Typical evidence
  • Bias tests and consumer notices.
Verification
Pending confirmation in the official source (last checked: November 4, 2026)Interpretive circular from January 2022 (Exempt Resolution No. 33) described by secondary sources (Garrigues, Santiago Chamber of Commerce). The SERNAC website did not respond in this review, so the resolution text is still unchecked. It is SERNAC's interpretation, not a new rule, but it shows how SERNAC will apply consumer law.

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