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Hiring, evaluation or termination of staff in Chile: related rules

Using AI to target job ads, screen resumes, interview, score candidates or evaluate performance, promotions and terminations. It is the use case with the most laws in force worldwide because of its impact on the right to work and the risk of discrimination.

Risk classification

JurisdictionLevelDateNote
ChileData protectionDecember 1, 2026Law 21,719, Art. 8 bis: right not to be subject to solely automated decisions, with human review.

Obligations related to this use case

Rights regarding automated decisions (art. 8 bis)

Law 21,719Ley 19.628 modificada por la Ley 21.719, art. 8 bisAdopted, applies later

Applies from December 1, 2026

When it relates
If you use systems that decide about people, including profiling, with legal or similarly significant effects (employment, credit, insurance, education, health, access to services).
What the rule provides
  • Recognize the right to object and not to be subject to these decisions, unless needed for a contract, based on express consent or allowed by law.
  • In every case, ensure information, an explanation, human intervention, the chance to give one's view and to request review of the decision.
Typical evidence
  • Human review procedure with case log.
  • Decision explanation templates.
Verification
Verified in the official source on November 2, 2026Text and date checked in BCN LeyChile (published in the Official Gazette on Dec 13, 2024; first transitional article: effective on the first day of the 24th month after publication = Dec 1, 2026). Art. 8 bis text read in the official source. Postponement: Bill 18.623-07 (filed Sept 1, 2026, proposing Dec 1, 2027) passed the Senate on Oct 28, 2026 (33 to 6) with a new date of Oct 15, 2027 and moved to the Chamber of Deputies (press sources: Emol, Pauta, Garrigues). Until it is published as law, the legal date remains Dec 1, 2026. Recheck before that date.

Data protection impact assessment

Law 21,719Ley 19.628 modificada por la Ley 21.719, art. 15 terAdopted, applies later

Applies from December 1, 2026

When it relates
If processing is likely to be high risk; always for profiling with significant effects, large-scale processing, systematic monitoring of public areas and sensitive data without consent.
What the rule provides
  • Carry out the assessment before processing starts.
  • Follow the list and minimum guidance the Agency publishes.
Typical evidence
  • Signed and dated assessment per system.
Verification
Verified in the official source on November 2, 2026Text and date checked in BCN LeyChile (published in the Official Gazette on Dec 13, 2024; first transitional article: effective on the first day of the 24th month after publication = Dec 1, 2026). Postponement: Bill 18.623-07 (filed Sept 1, 2026, proposing Dec 1, 2027) passed the Senate on Oct 28, 2026 (33 to 6) with a new date of Oct 15, 2027 and moved to the Chamber of Deputies (press sources: Emol, Pauta, Garrigues). Until it is published as law, the legal date remains Dec 1, 2026. Recheck before that date.

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