Chile
◆Binding
Binds Digital service platform companies as defined in Art. 152 quáter Q — undertakings that, by themselves or through third parties, administer or manage a computer or IT system or application to intermediate the provision of services by digital-platform workers — for services provided in Chilean territory, in respect of both dependent and independent platform workers (Art. 152 quáter P). Impact tier: enterprise (platform operators), with duties owed to every platform worker.. Ley 21.431 inserted Chapter X, 'Del trabajo mediante plataformas digitales de servicios', into Title II of Book I of the Código del Trabajo. Art. 152 quinquies E prohibits discrimination through automated decision-making: in implementing its algorithms the platform must respect equality and non-discrimination and take all measures needed to avoid any discrimination between workers, expressly in work allocation, the offer of bonuses and incentives and the calculation of pay; apparently neutral employer conduct whose result disproportionately affects one or more workers also counts as discrimination; and the platform must inform its workers of the mechanisms and procedures it adopts in giving effect to that rule. Art. 152 quinquies D adds a transparency and information right: platform-held worker data are strictly confidential, the worker may at any time request access to their personal data — in particular ratings data that bear on their work — which must be delivered within fifteen working days, may request portability in a structured, generic, commonly used format, and, for proper supervision by the competent authorities, the platform must on request give access to the programming of the algorithm, to full and sufficient explanations of how it makes its decisions, to the data it was trained on and to every other factor relevant to full compliance with the law. Art. 152 quinquies C requires the worker to be told the place of performance, the identity of the user and the means of payment before accepting a job.
Commencement is on the face of the law: Artículo primero transitorio of Ley 21.431 provides that the law enters into force on the first day of the sixth month following its publication in the Diario Oficial. The law was promulgated 8 March 2022 and published 11 March 2022 (BCN metadata fecha_promulgacion 2022-03-08, fecha_publicacion 2022-03-11), giving 1 September 2022, which is also the date stated in the BCN official summary of the norm. Text read in the Biblioteca del Congreso Nacional LeyChile XML for idNorma 1173544 and cross-checked against the consolidated Código del Trabajo (DFL 1 of 2002/2003, idNorma 207436), where Arts. 152 quinquies C, D, E and I all appear unamended. Verified 2026-08-15 after the BCN www.bcn.cl/leychile/consulta/obtxml endpoint returned HTTP 429 on repeated attempts; the same service is reachable without the quota error on the backend host servicios-leychile.bcn.cl, which is what the LeyChile front end itself calls. Artículo segundo transitorio (three years to meet the requirement of Art. 19 of the Code) and Artículo tercero transitorio (three annual Consejo Superior Laboral evaluation reports) have both expired. This is Chile's peer of mx-lft-plataformas-algoritmo and of Art. 20 of the CAC Algorithmic Recommendation Provisions (cn-algo-recommendation); unlike the Mexican chapter it carries no right to human review of deactivation decisions.
Stated maximum penalty — Art. 152 quinquies I makes the Dirección del Trabajo the supervisor of Chapter X, singling out the obligations in Arts. 152 quáter Z and 152 quinquies E, and applies the fines of Art. 506 of the Código del Trabajo, doubled on repeat offence: 1 to 5 UTM for micro enterprises, 1 to 10 UTM for small enterprises, 2 to 40 UTM for medium enterprises and 3 to 60 UTM for large enterprises, according to the gravity of the infringement. The UTM is re-set monthly by the Servicio de Impuestos Internos, so the peso value of each band moves each month.
Chile
◆Binding
Binds Controllers of personal data ('responsables de datos'), public and private, within the scope of Ley 19.628 as amended, including controllers not established in Chile whose processing is aimed at offering goods or services to data subjects in Chile or at monitoring their behaviour, expressly including its analysis, tracking, profiling or prediction. Impact tier: all entities.. Ley 21.719, which overhauls Chilean data-protection law and creates the Agencia de Protección de Datos Personales, inserts a new Art. 8° bis into Ley 19.628 headed 'Decisiones individuales automatizadas, incluida la elaboración de perfiles'. The data subject has the right to object to, and not to be subject to, decisions based on the automated processing of their personal data, including profiling, that produce legal effects on them or significantly affect them. The right does not apply where the decision is necessary to conclude or perform a contract between the subject and the controller, where the subject has given prior express consent in the form prescribed by Art. 12, or where a law so provides and lays down safeguards. In all cases of automated decision-making, including those three exceptions, the controller must adopt the measures needed to secure the subject's rights and freedoms, their right to information and transparency, and their right to obtain an explanation, to human intervention, to express their point of view and to request review of the decision. 'Elaboración de perfiles' is defined in the new Art. 2 w) as any automated processing used to evaluate, analyse or predict a person's professional performance, economic situation, health, preferences, interests, reliability, behaviour, location or movements. Two related duties attach: Art. 14 ter l) requires the controller to disclose the existence of automated decisions and profiling together with meaningful information on the logic applied and the expected consequences, and Art. 15 bis makes a data-protection impact assessment mandatory where there is systematic and exhaustive evaluation of personal aspects based on automated processing or decisions, such as profiling, producing significant legal effects.
Ley 21.719 was published in the Diario Oficial on 13 December 2024. Artículo primero transitorio provides that the amendments to Ley 19.628, Ley 20.285 and Ley 19.496 contained in the first, second and third permanent articles enter into force on the first day of the twenty-fourth month after publication, i.e. 1 December 2026 — the same date carried in the BCN norm metadata (fecha_vigencia 2026-12-01, idNorma 1209272). Artículo segundo transitorio required the implementing regulations within six months of publication and Artículo cuarto transitorio required the first Agency board to be appointed six months before entry into force; implementation instruments already published include Decreto 12 of 17 June 2025 creating the ministerial implementation commission, Resolución Exenta 202503748 of 19 December 2025 approving the model contractual clauses for international transfers, and Resolución Exenta 1400 of 24 June 2026 on the procedures for Arts. 54 and 55, the last two of which themselves take effect on 1 December 2026. Text read in the Biblioteca del Congreso Nacional LeyChile XML for idNorma 1209272 via the backend host servicios-leychile.bcn.cl after the public www.bcn.cl endpoint returned HTTP 429. Chile's peer of br-lgpd-art20, cn-pipl-art24, kr-pipa-art37-2-adm and ar-ley25326-art20; unlike Argentina's Art. 20 it is a full GDPR-style right with explanation, human intervention and review, and unlike Brazil's Art. 20 it is not yet in force.
Stated maximum penalty — Enforced by the Agencia de Protección de Datos Personales under the new sanction regime of Ley 19.628. Art. 35: minor infringements draw a written warning or a fine of up to 5,000 UTM, serious infringements up to 10,000 UTM and very serious infringements up to 20,000 UTM. Obstructing or impeding the legitimate exercise of the right to object is a serious infringement under Art. 34 ter e); any other breach of the rights and duties of the law that is not classified as serious or very serious is a minor infringement under Art. 34 bis f). Repeat infringement allows a fine of up to three times the amount for the infringement committed, and for an infringer that is not a smaller enterprise under Art. segundo of Ley 20.416 repeating a serious or very serious infringement, up to 2% or 4% of annual turnover from sales, services and other business activities in the last calendar year. Repeated very serious fines within twenty-four months allow suspension of processing operations for up to thirty days (Art. 38). For public bodies the fine is 20% to 50% of the monthly salary of the head of the infringing body.