Actualidad

Data protection

Chile and Perú

On November 30, 2024, the Peruvian Ministry of Justice and Rights approved through Supreme Decree 016-2024-JUS a new Regulation of Law 29733 on Personal Data Protection.

The document will allow the country to have a modern and solid regulatory framework that guarantees adequate protection of citizens' rights in the face of the risks generated for personal data from new digital technologies.

Among other issues, it introduces new features relating to obligations in the event of security incidents, the figure of the Personal Data Officer, data portability or the implementation of new infringements.

The Regulation is aligned with the European Data Protection Directive and will enter into force on March 30, 2025. The obligations regarding the designation of the Personal Data Officer will come into force progressively from November 30, 2025, based on annual sales.

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In Chile, Law 21719 regulating the Protection and Processing of Personal Data was also recently published, after many years of public consultation.

Among the most important modifications are the creation of the Data Protection Agency, the assignment of greater obligations to data controllers, the strengthening of the ARCO rights of data subjects and the implementation of significant and effective sanctions, which can reach up to 20,000 UTM (approximately US$1,400,000).

The new text of the law will enter into force within 24 months.