By: Eng. María José Rodríguez
With respect to Resolution No. 0219-2026/SEL-INDECOPI, issued on 20 May 2026 by INDECOPI’s Tribunal, the authority has clarified which obligations set forth in the Regulation of the Artificial Intelligence Law (Law No. 31814)—the Law Promoting the Use of Artificial Intelligence for the Country’s Economic and Social Development—approved by Supreme Decree No. 115-2025-PCM, (i) do not constitute unlawful bureaucratic barriers and (ii) do constitute such barriers, insofar as they restrict the economic activities of private-sector AI developers and deployers.
As is well known, Law No. 31814 was enacted on 5 May 2023 and, more than two years later, was implemented through Supreme Decree No. 115-2025-PCM, published on 9 September 2025. From a smart and modern regulatory perspective, the law itself falls short of international best practices. By contrast, its implementing regulation provides a significantly more comprehensive framework and is substantially better aligned with contemporary international standards for AI governance.
Our consultant, María José Yuriko Rodríguez Nakagawa, has reviewed this resolution and provides the following overview of its key findings and regulatory implications.
#AI TMT DigitalTransformation #Barriers
