Name in original language
Directiva de Contratación Pública N°44/2026 para la adquisición de proyectos que incorporen ciencia de datos e inteligencia artificial
Initiative overview
ChileCompra’s Public Procurement Directive No. 44/2026 provides guidance to public entities incorporating data analytics and artificial intelligence (AI) into their procurement processes, updating and expanding the guidance first issued in 2023 under the Ethical Algorithms project led by Universidad Adolfo Ibáñez, in which ChileCompra participates. The update responds to changes introduced by the modernization of the Public Procurement Law and its new regulation, with a focus on maximizing the public value of these technologies while safeguarding legality, ethics, and information security.
The directive applies to all procurement modalities, with particular emphasis on projects involving personal data processing, high technological complexity, or automated decision-making. It identifies common risks—such as lack of algorithmic transparency, bias in AI models, and cybersecurity vulnerabilities—and establishes recommendations to mitigate them, including rigorous planning, the formation of multidisciplinary teams, and prior ethical, legal, and technical assessments before initiating the procurement process.
It also proposes specific contractual clauses, such as algorithmic audits, data protection impact assessments, and information security measures. These aim to ensure standards of transparency, fairness, and accountability throughout the project lifecycle, from design and award to operation and closure.
A cross-cutting principle is explainability: decisions derived from the use of AI must be understandable and explainable to people, strengthening public trust and enabling oversight and continuous improvement. Through these guidelines, the directive supports effective planning and procurement of data and AI projects, enhancing their positive impact on public management and on the design of more efficient and inclusive public policies.
Given its recent publication (March 12, 2026), results are primarily expected: improved quality and consistency in AI-related tender documents, reduced risks of bias and opacity, and enhanced data security and governance. An increase in algorithmic audits, data protection impact assessments, and explainability clauses in contracts is anticipated. The expected impact is a more responsible and trustworthy adoption of AI in government, leading to better services and greater public trust.
