CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
Magliona Abogados Santiago de Chile Avda Andrés Bello 2687 Piso 24, Las Condes Santiago de Chile Santiago Chile Tel: +56 2 3210 0030 Fax: +56 2 377 9451 Email: contacto@magliona.cl Web: www.magliona.cl
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws The “Law” The Chilean legal framework for data protection can be found in Article 19, No 4 of the Politi - cal Constitution of the Republic of Chile, which guarantees that the processing and protection of personal data will be carried out in the man - ner, and under the conditions, laid down by law. In addition, Chile has a dedicated data protec - tion law, Law No 19.628 on Privacy Protection (the “Law”), which was published in the Official Gazette on 28 August 1999. The current Law is not based on any international instrument on privacy or data protection (such as the OECD Guidelines, Directive 95/46/EC, the EU General Data Protection Regulation or the European Convention on Human Rights and Fundamental Freedoms).
The “New Law” However, on Friday 13 December 2024, Law No 21.719 on Personal Data Protection (the “New Law”), which reforms and updates Law No 19.628, was published in the Official Gazette. This regulation – inspired by the General Data Protection Regulation of the EU – brings with it important modifications and raises the stand - ards by which the information of clients, data subjects, collaborators and partners is handled and protected by various institutions, databases, data controllers and data processors. As of the date of publication of the law, a 24-month legal vacancy period began, during which the obligations of companies and public bodies regarding the processing of personal data must be adapted to the new regulations, before the Personal Data Protection Agency (the “Agen - cy”) begins its functions, which include imposing sanctions for non-compliance. This chapter will carefully review the current regulations applica - ble in Chile on the protection of personal data, and will highlight the fundamental changes that
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