Alert
Regulatory Alert - September 2025
September 9, 2025
REGULATIONS OF THE ARTIFICIAL INTELLIGENCE LAW
On September 9, 2025, Supreme Decree No. 115-2025-PCM was published, approving the Regulations of Law No. 31814, the Artificial Intelligence Law. The following provisions are noteworthy:
- The criteria for classifying AI-based systems as those for misuse and high-risk use are detailed:
- Misuse: Any AI-based system that is used to irreversibly, significantly, and negatively impact the fundamental rights or well-being of individuals under any circumstances, for which such use is prohibited.
- High-risk use: Any AI-based system whose use poses a risk to human life, dignity, liberty, physical safety, and other fundamental rights of individuals, based on both the stated objective and possible unintended consequences; however, it may be used subject to certain conditions and/or controls.
- Developers and implementers of high-risk systems must comply with a series of obligations, including algorithmic transparency and impact assessment.
- Responsibilities for non-compliance with the obligations and prohibitions arising from personal data protection regulations are determined in accordance with the penalty system provided for in the Personal Data Protection Act and its Regulations.
- The Secretariat of Government and Digital Transformation (SGTD) carries out monitoring activities, with a preventive approach, on the development and implementation of AI-based systems considered to be high risk and prone to misuse.
- The Regulation will enter into force in ninety (90) business days, which will be January 22, 2026. In addition, for Algorithmic Transparency obligations, as well as those established for private developers and implementers of AI systems, the Regulation establishes the following implementation deadlines:
- For AI uses in the health, education, justice, security, economy, and finance sectors, one (1) year from the day following the publication of the Regulation.
- For AI uses in the transport, commerce, and labor sectors, two (2) years from the day following the publication of the Regulation.
- For AI uses in the manufacturing, agriculture, energy, and mining sectors, three (3) years from the day following the publication of the Regulation.
- For all uses not included in the above sectors, four (4) years from the day following the publication of the Regulation.