The new personal data protection law, Law 21.719 was published on December 13, 2024 in the official gazette of the Republic of Chile.
The new law will enter into force 24 months after its publication, namely, in December 2026.
According to the Chilean government’s website, the new law brings the Chilean standard of personal data protection in line with that existing in the European Union under the General Data Protection Regulation (GDPR). The same website mentions that the entry into force of the new law will allow Chile to be declared as a country with an adequate level of protection of personal data by the European Commission. Such a declaration would facilitate the transfer of personal data between Europe and Chile with important consequences given the importance of the European Union as a trading partner of Chile.
It is important to mention that the new law has a scope of application that reflects that established by Article 3 of the GDPR. The new law also encompasses the creation of the Personal Data Protection Agency, which will have the objective of supervising compliance with the law and applying sanctions. To this end, the law establishes a catalog of minor, serious and very serious penalties and their respective sanctions, calculated in Unidades Tributarias Mensuales (Monthly Tax Units).