Peru: AI and data protection regulation
Peru is the only country in the region with an AI law and implementing regulation in force, and the deadlines for healthcare, education, security and finance have already passed.
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Summary
Law 31814 and its regulation (Supreme Decree 115-2025-PCM) classify AI uses as prohibited, high risk or acceptable risk. Private companies must have an internal AI policy and train their staff; if they use high-risk AI, they must also inform people, explain decisions, keep a record of the system and, in healthcare, education, justice and finance, ensure human oversight. Deadlines are phased by sector: healthcare, education, justice, security and finance passed on September 10, 2026; commerce, transport and labor have until 2027, production until 2028 and everyone else until 2029. The regulation has no penalties of its own, but the data protection law (Law 29733 and Supreme Decree 016-2024-JUS), consumer protection and SBS banking and insurance rules apply.
- Binding AI law today?
- Yes
- Obligations verified in the official source
- 90 %
- Information as of
Authorities
- Secretariat of Government and Digital Transformation (PCM)
Technical AI authority: issues complementary rules and answers risk classification questions
- National Personal Data Protection Authority (Ministry of Justice)
Supervises and penalizes personal data processing, including AI use
- INDECOPI
Protects consumers, including the right to human service
- Superintendency of Banking, Insurance and Pension Funds (SBS)
Supervises model risk in banking and insurance
Rules covered
| Rules | Status | Obligations and dates |
|---|---|---|
| Peru's Artificial Intelligence Law and its regulation Law 31814 and SD 115-2025-PCM | In force | 10 |
| Personal Data Protection Law and its regulation Law 29733 and SD 016-2024-JUS | In force | 6 |
| Consumer right to human service Law 31601 | In force | 1 |
| SBS Model Risk Management Regulation SBS Res. 053-2023 | In force | 2 |
| National AI Strategy 2026-2030 and AI Officer Directive Peru AI Strategy 2026-2030 | In force | 2 |
Key dates
- Deadline: transport, commerce, labor and small businesses · Law 31814 and SD 115-2025-PCM
- AI Officer profile becomes enforceable (12 months later) · Peru AI Strategy 2026-2030
- Deadline: production, agriculture, energy, mining and microbusinesses · Law 31814 and SD 115-2025-PCM
- Deadline: all other sectors and uses · Law 31814 and SD 115-2025-PCM
Show past dates (14)
- AI Officer Directive takes effect · Peru AI Strategy 2026-2030
- Deadline passed: healthcare, education, justice, security, economy and finance · Law 31814 and SD 115-2025-PCM
- Financial system: highest-risk operational and AML/CFT models (last phase) · SBS Res. 053-2023
- Strategy takes effect · Peru AI Strategy 2026-2030
- Regulation takes general effect (date per secondary sources) · Law 31814 and SD 115-2025-PCM
- Insurers: credit, market and liquidity risk models · SBS Res. 053-2023
- Insurers: operational and AML/CFT risk models · SBS Res. 053-2023
- Data Officer: deadline for companies with sales above 2,300 UIT · Law 29733 and SD 016-2024-JUS
- Regulation published (SD 115-2025-PCM) · Law 31814 and SD 115-2025-PCM
- Regulation takes effect (120 calendar days after publication) · Law 29733 and SD 016-2024-JUS
- New regulation published · Law 29733 and SD 016-2024-JUS
- Law 31814 published · Law 31814 and SD 115-2025-PCM
- Entry into force · SBS Res. 053-2023
- Published and in force · Law 31601
Use cases with their own obligations in Peru
- Customer service chatbot or assistant
- Companion or social chatbot
- AI agents that take actions
- 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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