EveryAILaw.comLaw Promoting the Use of Artificial Intelligence (Ley 31814) and Implementing Regulation
Obligations Covered
Transparency & Disclosure Explainability Record-Keeping & Documentation Human Oversight Risk Assessment
Timeline
| Milestone | Date | Notes |
|---|---|---|
| Ley 31814 passed by Congress | Jun 13, 2023 | Promotional framework, 5 articles plus principles |
| Ley 31814 published in El Peruano | Jul 5, 2023 | In force the day after publication |
| Reglamento (D.S. 115-2025-PCM) published | Sep 9, 2025 | 6 títulos, 36 articles, 6 final provisions |
| Reglamento final provisions 1, 2, 4, 5 in force | Sep 10, 2025 | Implementation clock, complementary norms mandate, ENIA and ENGD deadlines start |
| Reglamento in force | Jan 22, 2026 | 90 business days after publication (Única Disposición Complementaria Final of the decree) |
| SGTD ethical guidelines due | 2026-06 | Within 180 business days of publication (Segunda DCF) |
| Private-sector tier 1 deadline | Sep 10, 2026 | AI uses in health, education, justice, security, economy and finance (Primera DCF) |
| Private-sector tier 2 deadline | Sep 10, 2027 | Transport, commerce, labour; also small enterprises (ventas 150–1,700 UIT) in any sector |
| Private-sector tier 3 deadline | Sep 10, 2028 | Production, agriculture, energy, mining; also microenterprises (up to 150 UIT) |
| Private-sector tier 4 deadline | Sep 10, 2029 | All remaining uses nationwide |
Related Regulations and Standards
Related instruments are selected from shared compliance obligations and jurisdiction coverage.
Algorithmic Transparency for High-Risk AI #
The Reglamento is in force since 2026-01-22, but the Primera Disposición Complementaria Final phases private-sector compliance with Art. 25 and Título VI Cap. II by sector: health, education, justice, security, economy and finance by 2026-09-10; transport, commerce and labour by 2027-09-10; production, agriculture, energy and mining by 2028-09-10; everything else by 2029-09-10. Small enterprises get until 2027-09-10 and microenterprises until 2028-09-10 regardless of sector. SGTD lineamientos on algorithmic transparency (Art. 25.4) are still pending.
Requirements
| Requirement | Details |
|---|---|
| Prior plain-language notice | Art. 25.1: developers or deployers of a high-risk system must inform the user beforehand, clearly and simply, of the system's purpose, main functionalities, and the type of decisions it can take, while respecting industrial and commercial secrecy |
| Visible AI labelling | Art. 25.2: where relevant to the decision or interaction, visible labelling must tell users in advance that the product, service or content operates on AI, sufficient for the public to understand the system's main capabilities and functional limits; internal administrative uses without direct impact on rights are exempt |
| SGTD transparency guidelines | Art. 25.4: the SGTD approves algorithmic transparency lineamientos in concert with competent SNTD entities |
Penalties
| Violation | Fine |
|---|---|
| No administrative fines | Neither Ley 31814 nor the Reglamento creates a sanctions regime; the SGTD refers noncompliance to competent authorities (Arts. 34, 36.2), and data-protection breaches fall under the Ley 29733 sanctions regime (Art. 26.2) |
Explanation of Rights-Affecting Automated Decisions #
Same sector phase-in as the rest of Art. 25: earliest tier (health, education, justice, security, economy, finance) by 2026-09-10, remaining sectors through 2029-09-10, with extended MYPE deadlines.
Requirements
| Requirement | Details |
|---|---|
| Explanation of outcomes | Art. 25.3: where the system takes decisions that impact human rights, affected users must be guaranteed an explanation of its results, through mechanisms that make the key criteria and factors behind the automated decision comprehensible in accessible language |
Penalties
| Violation | Fine |
|---|---|
| No administrative fines | Referral-based enforcement only (Reglamento Arts. 34, 36.2); no AI-specific sanctions regime |
High-Risk System Records, Policies, and Staff Training #
Part of Título VI Cap. II (private-sector obligations), phased in by sector from 2026-09-10 to 2029-09-10 under the Primera Disposición Complementaria Final. Public administration entities carry parallel and stricter duties under Cap. I (Arts. 28–30), including mandatory NTP-ISO/IEC 42001 use and a mandatory (not voluntary) impact assessment — those public-sector duties are noted here but not modelled as separate provisions.
Requirements
| Requirement | Details |
|---|---|
| Up-to-date high-risk record | Art. 31.1: for high-risk systems, maintain a current, accessible, prevention-oriented record of the system's operating principles, the data sources used, the algorithm's logic, and the expected social and ethical impacts |
| Governance policies | Art. 31.2: establish clear policies, protocols and procedures preserving security and privacy, promoting transparency and explainability, and guaranteeing responsibility and accountability, by reference to international technical standards |
| Staff education | Art. 31.3: foster internal education and awareness of collaborators on AI risks and on safe, responsible and ethical adoption under the organisation's approved institutional policy |
Penalties
| Violation | Fine |
|---|---|
| No administrative fines | Referral-based enforcement only (Reglamento Arts. 34, 36.2); no AI-specific sanctions regime |
Human Oversight of High-Risk Decisions #
Sector phase-in from 2026-09-10 to 2029-09-10 as for the rest of Título VI Cap. II. The anti-automation-bias training requirement is unusually explicit: staff must be trained specifically so as not to be biased by the system's outputs.
Requirements
| Requirement | Details |
|---|---|
| Human oversight mechanisms | Art. 31.4: implement human supervision mechanisms over decision-making that could significantly impact health, education, justice, finance, or access to basic programmes and services |
| Anti-automation-bias training | Art. 31.4(i): overseeing personnel must be trained in the subject matter so as not to be biased by the AI system's results |
| Stop and override power | Art. 31.4(ii): overseeing personnel must have the capacity to stop, correct, or invalidate the AI system's decisions |
Penalties
| Violation | Fine |
|---|---|
| No administrative fines | Referral-based enforcement only (Reglamento Arts. 34, 36.2); no AI-specific sanctions regime |
High-Risk Impact Assessment (Voluntary, Documented) #
The private-sector assessment is explicitly voluntary ("de manera voluntaria", Art. 32.1) — a deliberate asymmetry with the mandatory public-sector assessment of Art. 30.1. The binding edge is documentary: whoever performs one must retain the findings for three years as evidence producible to judicial or administrative authorities. SGTD recognition incentives (Art. 32.4) and reference guidance (Art. 32.5) frame it as promoted practice.
Requirements
| Requirement | Details |
|---|---|
| Voluntary pre-deployment assessment | Art. 32.1: before developing or implementing a high-risk system, an impact analysis may be performed voluntarily to identify and minimise potential risks, avoid harm to fundamental rights, and prevent perpetuation of inequality or bias |
| Proactive mitigation | Art. 32.2: where risks to human rights or erroneous automated decisions are detected, the developer or deployer adopts proactive mitigation measures before final implementation — model adjustments, data-quality improvement, human oversight mechanisms |
| Three-year documentation retention | Art. 32.3: those who perform an assessment must document findings and corrective measures and retain the documentation for at least three years from issuance, as traceability and as evidence if required by a judicial or administrative authority |
Penalties
| Violation | Fine |
|---|---|
| No administrative fines | Referral-based enforcement only (Reglamento Arts. 34, 36.2); no AI-specific sanctions regime |
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