Data privacy in Chile
Barros & Errázuriz is highly experienced in data privacy matters, including compliance with local legislation (Law 19.629 on the Protection of Private Life), confidentiality agreements, personal data international transfer agreements, and the application of GDPR (General Data Protection Regulation) in Chile. Other key areas include companies' privacy policies and information security. José Ignacio Ovalle has over 25 years' experience in the TMT sector and is supported by senior associate Andrés Rodríguez, who previously worked as chief legal adviser at the Chilean telecoms regulator.
Caja Los Héroes
- Provides ongoing advice to Everis on all data privacy matters surrounding the provision of technological consulting services in Chile.
- Provides permanent legal advice to OneWeb on data privacy matters.
- Ongoing advice to DirecTV regarding regulatory matters, including data privacy policies.
- Assisted JP Morgan Chile (JPM) with data privacy matters surrounding the potential usage and international transfer of clients’ data to JPM-related foreign entities.
- Advising DiDi, a Chinese company that provides transportation services via a platform or mobile app, on data privacy matters such as the processing of the personal data of passengers and drivers.
Full-service market stalwart Carey has a large data protection legal team that advises on a wide array of privacy matters, including assisting the retail, healthcare, finance and insurance industries with data protection and cybersecurity issues. The practice's advice covers the application of local data protection regulations, privacy by design, data processing agreements, employees’ use of devices and cookie policies, along with international data transfers, codes of conduct, and implementation of cybersecurity tools. It has also played a significant role in the drafting of the country's main privacy and cybersecurity bills. Guillermo Carey's broad IP and tech practice includes data privacy, as does that of specialist counsel Paulina Silva, who is practice co-head and a current member of the Board of Chile's National Cybersecurity Alliance. Data protection and tech-focused associate Javiera Sepúlveda is also a name to note.
‘They are a highly capable team and they provide real and applicable solutions to our problems. They are not a team that issues a legal opinion based only on the law, but they complement it with the application to real cases.‘
Alianza Chilena De Ciberseguridad
Banco Crédito Inversiones
United Health Group
- Advised Falabella on both general privacy matters and privacy-by-design issues in relation to digitalisation projects, data migration and the definition of a new data handling and processing structure.
- Assisted Aleatica, which runs public infrastructure projects such as ports and highways, with its comprehensive data protection audit.
- Ongoing advise to PespiCo and its Evercrisp brand regarding general data protection matters.
- Assists Zimmer Chile with general legal advice surrounding personal data processing activities.
- Advised major water utility company, Aguas Andinas, on a comprehensive review of its privacy practices.
Alessandri & Compañía Abogados
Alessandri & Compañía Abogados originally launched its data privacy practice back in 2017, advising predominantly on data privacy breaches and cybersecurity matters, particularly in relation to the financial sector. Over time, the now six-strong practice has evolved markedly, and handles a client roster including the automotive, agriculture, retail, higher education, insurance, real estate and technology sectors. Macarena Gatica, the firm's lead data attorney, was raised to the partnership as of January 2021; while Rodrigo Velasco A and Santiago Ortúzar are additional partners to note.
‘Excellent dedication and availability and oriented to the needs of its clients.‘
‘Alessandri’s team is technically very competent. What, as a company, makes us feel supported is not only its constant support in technical issues, but the constant concern to keep us informed regarding changes in legislation and criteria.‘
‘Senior associate Macarena Gatica is very appreciated; she is tremendously dedicated, competent and effective. She forms an excellent team with partner Rodrigo Velasco A.‘
‘Macarena Gatica and Rodrigo Velasco A are exceptional lawyers, who work with dedication and a lot of energy on projects.‘
‘Macarena Gatica is a responsible professional, with solid knowledge of best national and international practices.‘
‘Rodrigo Velasco A adds energy, vision and strategy.‘
- Assisted Chilean poultry and pork producer Agrosuper on data privacy issues, including the personal data of employees, and information security.
- Assisted Empresas Tricot with the drafting and implementation of privacy policies.
Cariola Díez Pérez-Cotapos fields a six-strong group that is extremely focused on data privacy. In 2019, the firm entered into an alliance with the Chilean branch of 'Big Four' professional services network KPMG, so as to provide a legal, compliance and audit service in relation to data protection. Head of the firm's technology, media and privacy group, Rodrigo Lavados is a member of the data privacy expert board at the Confederation of Production and Commerce; key support comes from senior associate Felipe Fernández, who is active on data privacy matters for clients such as Google and Coopeuch.
‘Their strong point is the lawyers’ detailed knowledge of data privacy issues, which is constantly updated. They are also good at anticipating future topics.‘
Caja los Andes
- Advised Coca-Cola on the possible implementation of a system (in accordance with the requirements of the Chilean Data Protection Act) that monitors the movement and recording of sensitive company data, among other matters.
- Advised Louis Vuitton on the legal framework applicable in Chile for One Retail, an electronic system which involves the processing of clients’ personal and transactional data.
- Advised Ripley on the design of a corporate structure that would allow the processing of clients’ personal data.
Guerrero Olivos fields a six-strong department that provides ongoing advice on data privacy, personal data and data protection, frequently in relation to franchise, license and development contracts. The team also assists with the adaptation of data privacy requirements to local regulations. Juan Enrique Allard leads the firm's TMT, data privacy and cybersecurity practices; other partner-level contacts are Miguel Coddou and Eduardo Cordero. Senior associate and IP head Diego Morandé also assists with personal data matters.
International Bar Association
- Advises Amazon on several issues, including data matters.
- Advised the Chilean Education Ministry on data issues.
- Assisted Facebook with several TMT matters, involving data centre regulations and the adequacy of its personal data policy.
Currently acting as the head of the Chilean Chapter of IAPP (International Association of Privacy Professionals), Albagli Zaliasnik's IT, media and data privacy group is led by senior associate Oscar Molina, who is certified as a privacy manager by IAPP. The practice regularly advises clients such as Mitsui, DiDi and Mapcity on data privacy issues. Further support is provided by associate Andrea Céspedes.
‘The lawyers provide the best service according to the specific needs of the client.‘
‘Senior associate Oscar Molina has the necessary expertise and understanding of the different realities of companies.‘
‘Oscar Molina is a very strong, young lawyer, who will surely continue to grow in his development and importance for clients.‘
DiDi Chuxing Technology
Bodegas San Francisco
Mutual de Seguridad
- Advised DiDi Chuxing Technology Co, one of the world’s largest ride-sharing and transportation technology companies in the world, on the review and amendment of its current data privacy policies.
- Acted for South Africa-headquartered internet and media group, Naspers, on data privacy matters.
- Advised Japan’s Mitsui Group on data privacy issues.
DLA Piper Chile's data protection offering leverages the firm's expertise in regulatory, technology, corporate and venture capital matters. Typical work includes data protection clauses for several business sectors, privacy policies for customers and employees, and data privacy agreements. Felipe Bahamondez heads the group, which recently expanded its GDPR coverage capabilities with the October 2019 hire of associate Lisa Hondl, a European data protection law specialist, from CMS' Munich office.
‘The DLA Piper Chile data protection team stands out for the quality of its members; they handle international standards in great detail, differentiating themselves from other firms.‘
‘The DLA Piper Chile team stands out for its quick responses and simple and direct legal analysis.‘
‘What makes DLA unique is that they are there to listen, advise, and help in the darkest moments as well as the celebrations. Though hard to value, I think it is this consistency that defines a great counsel from a good one.‘
- Advised Izit, which is active in the software and digital marketing sectors, on the drafting of data protection clauses.
- Assisted ADP Payroll with the legal assessment of data flows between South American companies and European entities.
- Advised L’Oréal on the adaptation of internal data protection guidelines.
Well-known for its IP and TMT expertise, Magliona Abogados has longstanding experience in data protection and privacy, including the drafting, implementation and enforcement of privacy policies, as well as pharmaceutical data processing. The key contacts are name partner Claudio Magliona, Nicolás Yuraszeck and Giovanni Donati.
‘They are very dedicated to clients and we consider them to be part of our company team. They have extensive knowledge and always advise us wisely.‘
‘Claudio Magliona and Giovanni Donati are 100% dedicated to our company when we require their services. They answer all our questions immediately and are always ready to help us in whatever we need.‘
‘The firm is specialised in this area. It compares favourably for its deep knowledge and the agility of answers.‘
‘The leadership of the firm has led the discussion on the application of the current norms and necessary changes to the data protection regulations.‘
‘The team is dynamic. It responds quickly and effectively to queries, which allows it to advance and resolve problems and doubts promptly. This proactivity is a differentiator from the competition. Additionally, it presents prices that are very convenient and transparent.‘
‘Great commitment is shown every day by partners Claudio Magliona and Nicolás Yuraszeck.‘
J&J Personal Care
Correos de Chile National Post Office
Asociación Internacional de Internet
- Assisted DirecTV with data protection issues.
- Advised Netflix on data protection matters, including privacy policies and opt out rules.
Philippi Prietocarrizosa Ferrero DU & Uría fields a well-regarded team that is experienced in personal data and privacy matters. Particularly focused on the energy and TMT sectors, Eduardo Escalona leads the firm's regional data privacy practice. Senior associate Camilo Mardones also acts on privacy, data protection and cybersecurity matters.
‘Working with this firm gives me peace of mind that they will do an excellent job. They have a lot of knowledge in this area and contribute to solving problems in a simple way, unlike other firms that make issues more complex.‘
‘They maintain an excellent level of communication with the client.‘
Twenty-First Century Fox
Banco Santander (Chile)
Instituto Internacional de Artes Culinarias y Servicios
UC Christus Servicios Clínicos
- Provides ongoing advice to Twenty-First Century Fox on personal data matters.
- Advised Banco Santander Chile on a collective voluntary procedure for customers’ personal data.
- Assisted Intel Corporation with the development of a personal data questionnaire.
CMS Carey & Allende extended its scope of expertise to include content and data protection matters back in 2018. Today, the team advises foreign and domestic clients on their data processing and data transfer activities, including advising on Chile's applicable data protection legislation. Focused primarily on the technology, media and communications industry, Diego Rodríguez is the key name.
‘The team is characterised by being at the disposal of its clients.‘
‘We would highlight the planning and methodology used. The physical spaces to hold the meetings are also first class and the experience is unique.‘
‘CMS has specialists in several areas and clients meet partners directly, which allows us to learn from them and establish a unique trust.‘
Leveraging its recently formed IP practice, Morales & Besa advises on data privacy matters surrounding M&A and financial transactions. The team also assists with contractual matters, such as cross-border data transfers, and personal data processing authorisations and agreements. In addition, it focuses on cybersecurity issues, particularly in relation to new technologies, such as the Internet of Things, web and mobile apps, and cryptocurrencies. Edmundo Varas is the partner in charge, with support from associate Marco Correa.
- Assisted Cofood, a start-up company, with its mobile app’s data protection compliance.
Prieto Abogados is experienced in personal data privacy and protection, including the drafting of data processing authorisations, the management of clients and employees' data (both in Chile and internationally), and preparing agency and data transfer agreements that comply with national and international standards. The names to note are senior associates Andrés Laymuns Marambio, who heads the privacy and data protection department, and María Cristina Ríos Llaneza.
Assurant Chile Compañía de Seguros Generales
- Assists Assurant Chile Compañía de Seguros Generales with personal data protection and confidentiality issues.
Urenda, Rencoret, Orrego y Dörr acts for several local and foreign clients on data protection matters, including labour law-related work. The team has been particularly active in mandates related to GDPR, such as assisting international clients with the implementation of data privacy policies and their interplay with Chilean data protection regulations. Alberto Rencoret, Sergio Orrego and Nicholas Mocarquer are experienced partners, with support at senior associate level provided by Verónica Roa.
‘The handling of data privacy matters is delicate in that the firm has to know the client company deeply before defining compliance levels and areas for improvement. In this sense, UROD applied all its knowledge of our company to this area, with results that were also appreciated by our parent company.‘
‘We can confirm the professionalism and depth of analysis of the firm, which even spent two days visiting our facilities to interview our collaborators.‘
Brookfield Renewable Energy