CHILE Law and Practice Contributed by: Constanza Contreras, Gabriela Muñoz and Juan Francisco Reyes, SCR Abogados
Purpose Limitation and Data Accuracy Personal data that is not sourced from public registers may be used solely for the specific purposes for which it was collected. Employers are required to ensure that such data remains accurate and up to date. Data must be deleted when it becomes outdated or when the legal basis for its retention no longer exists. Inac - curate, ambiguous or incomplete data must be cor - rected or clarified. Data Security and Confidentiality Employers are responsible for implementing appro - priate security measures to protect personal data. Employees who handle personal data are bound by confidentiality obligations, which remain in effect even after the termination of their employment. Data Subject Rights Employees and job applicants have the right to request from the employer access to their personal data, including information about the source, purpose of processing, and any third-party disclosures. They are also entitled to request the deletion, correction or blocking of data that is unlawfully held or inaccurate. Workplace Monitoring Any mechanisms used by employers to monitor employee conduct in the workplace must be propor - tionate, general in nature and impersonal, in line with the nature of the employment relationship and with respect for employee’s dignity. The use of audiovisual surveillance systems is lawful only when justified by technical requirements of the production process or for legitimate safety reasons.
• they are legally married to, or are parties to a civil union with, Chilean nationals, or are the widows or widowers of Chilean nationals; or • they are the parents of children who are Chilean nationals. This nationality requirement shall not apply to foreign nationals classified as experts. Furthermore, foreign nationals must obtain either a temporary residence permit or a special short-term work authorisation as a tourist in order to lawfully engage in remunerated employment activities in Chile. 4.2 Registration Requirements for Foreign Workers Once the foreign worker has obtained the correspond - ing residence or work permit, they shall be subject to the general legal framework applicable to employment relationships. Accordingly, their employment contract and other related labour documentation must be reg - istered at the Labour Bureau in the same manner as for any Chilean national. The provision of services under a remote work or tel - eworking arrangement may be either full or part time. Such services may be rendered from a location free - ly chosen by the employee or from a specific place such as the employee’s home. Remote work requires a written agreement, the minimum content of which is governed by statute. Said agreement must include at least the following: • the type of remote work or telework and whether it is full-time or part-time work; • in the case of part-time telework, the method for alternating between in-person and remote work; • the location(s) from which telework will be per - formed; • the duration of the agreement; • the mechanisms for monitoring and supervision to be used by the employer; • the duration and distribution of the workday; and 5. New Work 5.1 Mobile Work
4. Foreign Workers 4.1 Limitations on Foreign Workers
In companies employing more than 25 individuals, no less than 85% of the workforce must be comprised of Chilean nationals or foreign nationals who meet at least one of the following criteria: • they have legally resided in Chile for a continuous period of five years or more;
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