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Peru AI Regulations

Supreme Decree No. 115-2025-PCM - Regulations of Law No. 31814 (AI Promotion Law)

Peru's first comprehensive AI regulatory framework, inspired by EU AI Act. Establishes three-tier risk-based approach: prohibited uses, high-risk systems (including healthcare), and low-risk/acceptable AI. First general AI regulation in Latin America. Requires human oversight, transparency, and risk assessments for high-risk AI including healthcare applications.

Jurisdiction

Peru

PE

Enacted

Sep 9, 2025

Effective

Jan 22, 2026

Enforcement

Presidency of the Council of Ministers (PCM) through Secretariat of Government and Digital Transformation (SGTD); National Centre for Digital and AI Innovation (CNIDIA)

Published September 9, 2025; effective January 22, 2026 (90 business days after publication); phased implementation 1-4 years by sector

Who Must Comply

This law applies to:

  • Public sector entities (central, regional, local governments)
  • Private sector developers and deployers of AI systems
  • Organizations using high-risk AI for healthcare, employment, social programs, credit, critical infrastructure
  • All AI systems used in Peru (with exceptions for narrow commercial applications)

Capability triggers:

healthcareDecisions (increases)
highRiskClassification (required)
Required Increases applicability

Who bears obligations:

This regulation places direct obligations on deployers (organizations using AI systems).

Safety Provisions

  • Prohibited: manipulative practices, unauthorized mass surveillance, predictive policing, autonomous lethal systems
  • High-risk AI (healthcare, employment, social programs, credit) requires human oversight
  • Mandatory transparency disclosures about AI purpose and capabilities
  • Risk assessments documented before high-risk AI deployment
  • Human oversight mechanisms - staff must be able to stop, correct, or invalidate AI decisions
  • Register maintained with system principles, data sources, algorithmic logic, ethical impacts
  • Ethics guidelines required (to be issued within 180 days)
  • National AI Sandbox for regulatory testing

Compliance Timeline

Sep 10, 2025

Four Final Complementary Provisions take effect

Jan 22, 2026

Main regulation takes effect (90 business days after publication)

Jan 22, 2027

Central government 1-year compliance deadline

Jan 22, 2028

Regional government compliance (2-3 years)

Jan 22, 2029

Local government compliance (3 years)

Enforcement

Enforced by

Presidency of the Council of Ministers (PCM) through Secretariat of Government and Digital Transformation (SGTD); National Centre for Digital and AI Innovation (CNIDIA)

Penalties

Penalties pending regulatory determination

Enforcement authority with SGTD; specific penalty amounts under development through implementing guidelines; public officials reported to Comptroller General for audits/sanctions

Quick Facts

Binding
Yes
Mental Health Focus
No
Child Safety Focus
No
Algorithmic Scope
Yes

Why It Matters

First comprehensive AI law in Latin America. Healthcare AI classified as high-risk requiring human oversight, transparency, and risk documentation. Establishes precedent for risk-based AI regulation in region. Relevant for any AI health service operating in or targeting Peru. Human-in-the-loop requirements ensure AI cannot autonomously make healthcare decisions.

Recent Developments

First comprehensive AI regulatory framework in Latin America. Published September 9, 2025; effective January 22, 2026. Phased implementation over 1-4 years depending on sector and entity size. National AI Sandbox established for controlled regulatory testing.

What You Need to Comply

High-risk AI systems (including healthcare) must maintain detailed registers, implement policies aligned with international standards, enable human oversight with ability to stop/correct/invalidate decisions, provide transparency disclosures, and conduct risk assessments. Public sector must adopt institutional AI policies and publish AI code under open licenses.

NOPE can help

Cite This

APA

Peru. (2025). Supreme Decree No. 115-2025-PCM - Regulations of Law No. 31814 (AI Promotion Law). Retrieved from https://nope.net/regs/pe-sd-115-2025-pcm

BibTeX

@misc{pe_sd_115_2025_pcm,
  title = {Supreme Decree No. 115-2025-PCM - Regulations of Law No. 31814 (AI Promotion Law)},
  author = {Peru},
  year = {2025},
  url = {https://nope.net/regs/pe-sd-115-2025-pcm}
}