CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
country has established principles governing the processing of personal data; the existence of regulations that recognise and guarantee the rights of data subjects and the existence of a supervisory authority; the imposition of informa - tion and security obligations; and the establish - ment of an infringement and liability regime. The Agency may approve model clauses and other legal instruments only if they contain ade - quate guarantees for the cross-border flow of data, and will not require any other additional guarantee or authorisation.
When the transfer is made between companies or entities belonging to the same business group, related companies or companies subject to the same controller under the terms provided in the Securities Market 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. In exceptional cases, the Agency may authorise, by means of a resolution, the international trans- fer of data for a particular case, provided that the transmitter and the recipient of the data provide the appropriate guarantees.
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