CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
Potential Acceleration of the Agency’s Installation Although the New Law is scheduled to enter into full force in December 2026, a legal reform is currently under discussion (Bulletin No 18036-05) that propos - es modifying the deadlines for the appointment of the Council of the Personal Data Protection Agency. If approved, this reform would allow the President of the Republic to propose Council members to the Senate earlier than originally planned, enabling the Agency to exercise necessary functions for its installation and operational preparation before the general entry into force of the law in late 2026.
The Agency may approve model clauses and other legal instruments only if they contain adequate guar - antees for the cross-border flow of data, and will not require any other additional guarantee or authorisa - tion. When the transfer is made between companies or entities belonging to the same business group, related companies or companies subject to the same control - ler under the terms provided for in the Securities Mar - ket Law, provided that all of them operate under the same standards and policies regarding the processing of personal data, the transfers may be covered by binding corporate rules previously approved by the Agency. The Agency may authorise in very exceptional cases, by means of a resolution, the international transfer of data for a particular case, provided that the transmitter and the recipient of the data provide the appropriate guarantees. Adoption of Standard Contractual Clauses To address the period of legal uncertainty before the New Law fully enters into force, the Ministry of Economy has issued a Resolution approving Standard Contractual Clauses (SCCs) for international transfers. These clauses are based on the models developed by the Ibero-American Data Protection Network (RIPD) and are intended to provide legal certainty and a compliance mechanism for responsible parties during the transition period. These clauses cover transfers between controllers and from controllers to proces - sors.
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