Chile implements new personal data protection law

Chile is preparing for the implementation of Law No. 21.719, a new regulatory framework for the protection and processing of personal data. The law is set to take effect on December 1, 2026, introducing a shift toward “data protection by design,” which emphasizes preventive measures over reactive responses to data breaches.

To support this transition, the Academia Judicial held a seminar to analyze the legal implications of the new system. The discussions focused on the principles of legitimacy, the relationship between privacy and data protection, and the specific rights and obligations of data subjects and controllers. The new framework introduces stricter requirements for accountability, prevention, and the management of personal information.

Compliance requirements will vary based on organizational size. While large corporations must coordinate complex systems and providers, small and medium-sized enterprises (SMEs) will face different challenges. For the first 12 months of the law's validity, the regulatory agency may opt for written warnings instead of fines for certain SMEs, though these warnings will remain on record.