Data Protection Through the Implementation of AI in Smart Contracts

Marenco E.A.C.; Silveyra R.M.S.; Rodrigo J.M.; Ravelo-Franco G. · Estudios en Derecho a la Informacion (2026) · DOI: 10.22201/iij.25940082e.2026.21.20059

Resumen

The article analyzes the impact of artificial intelligence on smart contracting and personal data protection, arguing that automation through smart contracts poses regulatory challenges due to the lack of an adequate legal framework to ensure privacy and legal security in Latin America. Through a comparative analysis of the regulatory frameworks in Argentina, Peru, Colombia, Ecuador, and the European Union, advancements and gaps in the regulation of these technologies are identified, highlighting that, although some countries have recognized the legal validity of smart contracts, the protection of data stored on blockchains remains a challenge. Additionally, the concept of lex criptográfica is addressed as a self-regulation system based on technological decentralization, which creates tensions with traditional legal principles. The article concludes that the increasing contractual automation requires a regulatory update that balances technological efficiency with the protection of fundamental rights, proposing the development of a regulatory framework that ensures legal security, transparency in data processing, and accountability in automated decision-making, in line with international and European data protection standards.

Instituciones: Universidad Continental