Legislative updates on cybersecurity and data protection in Chile and Guatemala

In Chile, the government has submitted a project to the Senate to postpone the implementation of Law 21.719, the new personal data protection law, by one year. If approved, the effective date would move from December 2026 to December 2027. The delay is attributed to the need to consolidate institutional structures, specifically the creation of a regulatory agency. Current challenges include the need to expand the agency's board and the expiration of legal deadlines for appointing leadership.

Data protection professionals have expressed concern regarding the delay, noting that Chile has commitments to the OECD and seeks recognition from the European Union for adequate data protection to facilitate technological investment. Until the new law is active, the 1999 Law 19.628 remains in effect without a specialized enforcement body.

In Guatemala, the National Security Affairs Commission of Congress has issued a favorable report on a cybersecurity law initiative. The proposal seeks to create an institutional structure to coordinate state responses to cyber incidents. Under the new report, the National Cybersecurity Directorate would fall under the Ministry of the Interior, while the Ministry of Defense retains its competencies regarding cyberdefense. The plan also includes the creation of a National Cybersecurity Council, chaired by the President, to establish national guidelines.