CHILE LAW AND PRACTICE Contributed by: Fernando Lathrop Aubert, Francisco Cárcamo Valdés, Jimena Illanes Diez, Joyce Jankelevich Mayer, Macarena Jaramillo Solís, Michelle Niedbalski Ramírez, Nicolás Maldonado Leyton and María Fernanda Heusser Errázuriz, Lathrop Mujica Herrera & Diez Abogado
• when a representative, regardless of their location, processes personal data on behalf of a controller established or constituted in Chile; • when controllers or representatives not established in Chile offer goods or services to data subjects located in Chile, regardless of whether a payment is required; and • when Chilean legislation is applicable to a control - ler not established in Chile by contract or interna - tional law. Strict enforcement is anticipated with the creation of the Personal Data Protection Agency, which will have regulatory, supervisory and sanctioning pow - ers. Fines will range from 5,000 UTM (approximately USD340,000) to 20,000 UTM (approximately USD1.3 million). Smaller companies will have a 12-month adaptation period with warnings instead of fines. UTM is a Chilean currency unit indexed according to infla - tion on a monthly basis, unlike UF which is adjusted on a daily basis.
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