AI Regulations in Customer Service: What Every Company in Latin America Needs to Know

Artificial Intelligence (AI) is revolutionizing customer service around the world. In Latin America, many companies are using chatbots and virtual assistants to answer queries, speed up sales, and provide 24/7 support. But there’s one thing that can’t be overlooked: regulations.

If your company operates in countries like Mexico, Argentina, Chile, Peru, or Colombia and uses AI to interact with customers—or if you want to sell services in Europe or the United States—you must be aware of the applicable laws.

In this article, we explain in a simple and direct way:

• What regulations currently exist in Latin America

• What Europe requires (such as the GDPR and the new AI Act)

• What’s happening in the United States

• What the risks are of non-compliance

• And what you can do to ensure compliance and peace of mind when using AI

1. Regulations in Latin America

Mexico

• There is no specific AI law yet, but there is a data protection law (LFPDPPP).
• If you use chatbots or virtual assistants, you must inform the customer and request consent if you collect their data.
• Profeco is promoting an ethical guide for AI.

Argentina

• Several AI-related bills are under discussion.
• The current personal data law dates back to 2000 but is undergoing modernization.

Chile

• Has a privacy law (1999) and is updating its legislation.
• Is developing a national AI policy.

Perú

• Has a general AI law since 2023.
• Also has a personal data protection law.

Colombia

• Has had a data protection law  since 2012.
• In 2023, a bill was introduced to regulate AI.

Conclusion: Although each country is moving at its own pace, the same principles apply everywhere: if you use AI to communicate with customers, you must protect their data, be transparent, and provide options.

2. If You Want to Operate in Europe

If you have customers in the European Union or export digital services, you must comply with:

GDPR (General Data Protection Regulation)

• The strictest privacy law in the world.

• Applies even if your company is outside Europe, as long as you handle data of EU residents.

• Requires explicit consent, the right to be forgotten, data security, and explanations of how data is used.

• More information is available on the official GDPR website.

AI Act (Artificial Intelligence Law)

• Not yet in force but expected between 2025–2026.

• Classifies AI systems by risk level: low, medium, or high.

• Chatbots will be considered "limited risk" but must clearly inform users they are interacting with an AI.

• See the AI Act on the European Commission website.

Fines: Up to 20 million euros (GDPR) or up to 35 million (AI Act).

3. If You Sell Services in the United States

The United States does not have a federal AI law, but it does have many state-level laws and industry-specific regulations.

California has the CCPA/CPRA:

• Grants consumers rights over their data (to know, delete, or opt-out).

• Your bot must comply if it interacts with users in California.

California Bot Law:

• Requires disclosure if a user is interacting with a bot.

• Pretending it's a human can result in penalties.

Other Regulations:

• The FTC (Federal Trade Commission) can penalize companies that use AI in misleading or discriminatory ways.

4. Risks of Non-Compliance

• Million-dollar fines.
• Service suspension. For example, Italy temporarily blocked ChatGPT over privacy violations.
• Civil lawsuits. If your AI makes a mistake that harms a customer, you could be held liable.
• Brand damage. Losing customer trust is extremely costly.

5. How to Comply Without the Hassle

• ✅ Disclose it’s AI. At the beginning of the conversation, make it clear the user is interacting with an automated assistant.
• ✅ Request consent. If you’re collecting personal data (name, email, etc.), explain how it will be used.
• ✅ Protect the data. Use encryption, passwords, and strong security practices.
• ✅ Only ask for what’s necessary. Don’t collect more data than you need.
• ✅ Offer a human option. Let the customer speak to a human agent if they prefer.
• ✅ Check for discrimination. Test your bot with different users, languages, and scenarios.
• ✅ Conduct regular audits. Ensure it’s working properly, not providing misinformation, and staying compliant.
• ✅ Have a clear privacy policy. It should explain exactly what you do with customer data.

Conclusion

Using AI for customer service can help grow your business, but it also demands responsibility.

Whether you operate in Mexico or export to Europe, privacy and transparency laws are here to stay.

The good news is that by following a few best practices, you can protect your business and build trust with your customers.

If you’re selling in other countries, learn about their regulations. If you’re developing your own bot, make sure it follows ethical and legal standards. And if you’re using an external platform, ask what guarantees they provide.

A well-implemented AI doesn’t just automate—it protects.