How New Laws Will Transform Data Protection
Chile is on the brink of transformative changes to its data protection laws with Bill No. 11144-07, which is set to revolutionise how personal data is handled in the country. This bill, closely modelled after the EU’s GDPR, introduces new legal bases for data processing, stricter security obligations, and for the first time, a framework for international data transfers.
Chile shows a strong commitment to data privacy by creating a Personal Data Protection Authority. Additionally, they impose much higher fines for non-compliance. These changes align with international standards. Moreover, they highlight the importance of protecting personal data. As a result, Chile’s approach now matches global practices, reinforcing their dedication to privacy.
Data Protection Law
The current Chilean data protection law, dating back to 1999, has long been criticised for its outdated provisions, including the lack of a dedicated data protection authority, minimal legal bases for data processing, and no regulation of international data transfers. The proposed bill addresses these issues head-on, signalling a new era of data protection that aligns with global standards and responds to the demands of today’s digital economy.
Proposed Bill
The bill introduces several critical changes that businesses must be aware of. It expands the legal bases for data processing beyond just consent and legal authorisation, now including legitimate interests and contract execution.
Additionally, the bill mandates robust security measures to protect personal data, requiring organisations to adopt both technical and organisational safeguards appropriate to the risk level involved in their data processing activities.
International data transfers, previously unregulated, are now subject to stringent requirements. These include ensuring that the receiving country has an adequate level of data protection or that the transfer is based on specific contractual clauses or consent from the data subject. As a result, this change aligns Chilean law more closely with international standards, particularly the GDPR.
The bill will dramatically increase fines for non-compliance, with penalties for severe breaches potentially reaching millions of dollars. This serves as a strong deterrent against lax data protection practices and underscores the importance of compliance.
How can 360 Business Law Help?
In this evolving landscape, 360 Business Law can be a crucial partner for organisations operating in Chile. Their experts simplify the new law, helping businesses stay compliant. Moreover, they guide you to avoid hefty fines, ensuring smooth adaptation.
From advising on the implementation of new security measures to assisting with international data transfer regulations, 360 Business Law offers comprehensive support tailored to the needs of each organization. By staying ahead of these changes, businesses can protect themselves and their clients in an increasingly regulated environment.
In conclusion, Chile’s proposed changes to its data protection laws will significantly shift towards stronger privacy protections. This transformation aligns with global standards and underscores the nation’s commitment to safeguarding personal data. Businesses must adapt quickly to these changes. With 360 Business Law’s expert guidance, they can navigate the new regulations confidently and efficiently.