Data privacy in Chile
Barros & Errázuriz
José Ignacio Ovalle
‘What I consider the strong points of this team are the versatility it has to support our company in its search for creative solutions, as well as the provision of payment-related facilities and the availability to look for interesting alternatives for all parties.‘
MCC Corredores de Bolsa
NTT Data Chile
- Advising Webdox on data protection compliance issues.
- Advised DiDi on data privacy compliance matters.
The data protection practice at legal giant Carey fields ‘lawyers who are very good at describing things in a simple way‘, with its longstanding experience encompassing a wide array of privacy matters, cybersecurity issues and technology-related work. In addition to its assistance with the application of local data protection regulations, the seven-strong team advises on privacy by design, data processing agreements, employees’ use of technological devices, cookie policies, international data-transfers, codes of conducts, and privacy policies. Heading up the practice, the broad IP and technology expertise of Guillermo Carey (a past president of the American-Chilean Chamber of Commerce) covers a broad range of data privacy matters; recently promoted practice director José Ignacio Mercado focuses his data protection practice on health and pharma-related data issues; and senior associate Elias Mohor primarily acts on privacy, personal data and information security.
‘The response rate that we get from the firm is great – the lawyers are very helpful at providing immediate responses, even if more work is required later on.‘
‘Billing is reasonable and the lawyers are very good at describing things in a simple way. It is convenient to receive clear instructions and information about what exactly the legal recommendation is.‘
‘The team is very good and they have knowledge of the law and local experience.‘
‘Great response times and knowledge.‘
‘Compared to other firms, they are very good, diligent, answer objectively and seek solutions.‘
‘Very friendly people, who are open to understanding the issues and look for the best solutions.‘
‘Solid knowledge, speedy responses and strong solutions, and the team always thinks of the interests of the client.‘
‘Knowledge, dedication and speed of responses.‘
Alianza Chilena De Ciberseguridad
Bci (Banco Crédito Inversiones)
United Health Group
- Advised Napse on the negotiation of complex agreements with a large client in Colombia, involving the implementation and provision of SaaS and including the review and negotiation of a personal data processing agreement.
- Advised Itrend on its incorporation, including assisting with the design of data-use policies and data-transfer agreements.
- Assisted AmCham (the Chilean/US-American Chamber of Commerce) with an internal privacy compliance due diligence, which included the analysis of current data-processing procedures.
Alessandri & Compañía Abogados
The TMT and data protection team at Alessandri & Compañía Abogados traditionally acts for IT, entertainment and financial-service sector clients; but further to the pandemic, the group is increasingly active in health services, telemedicine and teleworking matters, along with the processing of employees’ health data, e-commerce and online education. Elevated to the partnership in January 2021, practice leader Macarena Gatica, who has extensive experience in technology, data protection, cybersecurity and e-commerce, is a recently appointed co-chair of the AmCham’s Digital Regulation Committee. Also key to the group are IP and IT managing partner Rodrigo Velasco A, and compliance, unfair competition and IP specialist Santiago Ortúzar. Experienced associate Jaime Urzúa advises companies on the implementation of personal data protection and cybersecurity programmes.
‘The firm with the best knowledge and practical experience in terms of data privacy.‘
‘The data privacy team works very closely with clients, adjusting its advice to the specific realities of clients.‘
‘They have great legal knowledge and a very practical approach to problems, and their responses are agile and on time.‘
American Chamber of Commerce
Cainiao Network Technology Co
- Assisted Cainiao Network Technology with the revision of a cross-border data project’s compliance with data protection and privacy laws.
The nine-member data privacy practice at full-service firm Guerrero Olivos routinely advises clients from the social media and technology sectors, as well as governmental bodies. Focused on data privacy, personal data and data protection work, the team assists with terms and conditions, and franchise, licensing, maintenance, technical support and development contracts. It also assists with adapting clients’ data privacy policies to Chilean legislative requirements. The practice is jointly led by TMT specialist Juan Enrique Allard, who advises on data privacy, IT, cybersecurity and new technological platforms; Miguel Coddou, a member of the banking and finance, data protection and new technologies, and corporate groups; and public law and regulated markets group leader, Eduardo Cordero. At associate level, senior Diego Morandé and Alejandra Leiton also both assist with data protection issues.
Juan Enrique Allard; Miguel Coddou; Eduardo Cordero
‘A team that is very knowledgeable about the respective areas in which we work together. Communication is also easy, making the collaboration easier and more effective.‘
‘The team has been very professional and the collaboration has been easy, thanks to the knowledge the lawyers have and their ease in explaining and carrying out the tasks.‘
Amazon Web Services
Teva Pharmaceutical Industries
Western Union International
Fundación Arturo López Pérez
- Advised Dragerwerk on a data breach incident.
- Assisted Barcelona-based festival franchise, Primavera Sound, with its privacy policies and data privacy obligations.
- Ongoing advice to Amazon Web Services on data privacy matters.
The ‘cohesive‘ seven-strong team at IP and TMT-focused firm Magliona Abogados routinely advises on the drafting, implementation and enforcement of privacy policies concerning image rights, the right to honour and privacy, and the protection and commercial exploitation of privacy-related assets. The practice is jointly led by managing partner Claudio Magliona, whose broad expertise covers data protection work; Giovanni Donati, an expert in the implementation of digital security projects; and Nicolás Yuraszeck, who focuses on new technologies, IP and telecoms law. The second line of key advisers comprises director Carlos Araya, whose recent experience concentrates on the interaction between AI and its privacy-related limits; and associates Karla Cid (whose experience incudes acting as a legal consultant at Microsoft Chile) and Bárbara Reyes, whose practice includes policy and compliance matters.
Nicolás Yuraszeck; Giovanni Donati; Claudio Magliona
‘Magliona has a cohesive team of experienced attorneys who have worked together for a long time. The level of knowledge they present in these matters is deep and based on their work with technology-intensive companies.‘
‘Personalised and close attention, deep knowledge of our company’s subjects of interest, and very timely answers.‘
‘Ability to implement matters, and reach the right people and find solutions.‘
‘The law firm has expertise that other firms do not have, in addition to quality work, speedy advice, 24/7 responses, and an excellent service. Its lawyers are senior and actively participate in the legal market, collaboratively marking their presence.‘
‘Outstanding technical and legal knowledge from partners Nicolás Yuraszeck and Claudio Magliona – few lawyers have the expertise and experience that they have.‘
‘Claudio Magliona stands out for his deep knowledge of law and technology, his ability to connect people, his emphasis on business, and links with companies, academia and the world of unions.‘
‘Claudio Magliona is one of the best lawyers in Chile that I have met – not only is he technically exceptional, but he has excellent communication skills and is a very human person.‘
‘Nicolás Yuraszeck has deep knowledge of data protection and cybersecurity issues, and is very affable.‘
Google Data Center
- Ongoing advice to Airbnb regarding public policy and government relationships, including data protection issues.
- Assisted enterprise-oriented US media-measurement and analytics company, Comscore, with regulatory issues (among other matters).
- Assisted Google Data Center with regulatory advice in relation to the construction and operation of a new data centre.
Launched in February 2021, specialist privacy and technology boutique Bitlaw routinely advises on complex data protection-related regulatory structures, including evaluating, setting and implementing privacy controls for legal compliance in Chile. The practice’s principal figures are Paulina Silva and Javiera Sepúlveda (both previously at Carey, where Silva was director of the data protection and technology group, and Sepúlveda a senior associate). Silva’s experience includes advising companies on technology contracting, software development (particularly agile methodologies), digitisation processes, privacy management and e-commerce; fellow founding partner Sepúlveda also advises on data protection work. In August 2021, associate Andrea Céspedes , who has a notable data privacy background, was hired from Albagli Zaliasnik.
CMS Carey & Allende
Housing a three-member ‘multidisciplinary team that adds value', CMS Carey & Allende is experienced in advising both domestic and international clients on Chile’s data protection legislation. The practice is also sought out by international clients to adapt and implement their data protection policies in Chile (further to the implementation of GDPR in Europe). Co-heading the firm’s TMC team, Diego Rodríguez's practice covers complex IT and commercial contracts, as well as regulatory matters concerning the telecoms and fintech industries.
‘Always available to propose legal solutions to the challenges we face as a start-up.‘
‘Provides professional and immediate attention.‘
‘Safeguards our interests by making us see both the advantages and disadvantages of our decisions.‘
‘A multidisciplinary team that adds value when making decisions involving the interests of our business.‘
‘Empathy, transparency, human qualities and determination are some of the characteristics that we would highlight. We feel that each person is part of our team, by virtue of the fact that they are all fully involved in the challenges that lie ahead.‘
CORFO – Colaboratech
- Ongoing advice to Fractal EDM on contract negotiations with the private and public sector concerning the provision of health data analysis services.
- Advisor to G-Care on the terms and conditions for privacy policies.
- Ongoing assistance to i-Hunt with multiple matters concerning the processing of job candidates’ personal data.
Cariola Díez Pérez-Cotapos
Cariola Díez Pérez-Cotapos‘s technology, privacy and media group is headed up by Rodrigo Lavados (a partner since 2015), who, in addition to his strong focus on software and database-related IP matters, specialises in data privacy work. Lavados’ also handles fintech regulation, advertising, entertainment law, image law, unfair competition and consumer protection matters. At senior associate level, Gabriel Pensa advises on IT, telecoms and data protection matters. Felipe Fernández joined Ernst & Young (Santiago) as an associated partner in November 2021.
DLA Piper Chile
The four-strong practice at DLA Piper Chile fuses its data protection specialism with the firm’s expertise in regulatory, technology, corporate, venture capital and consumer protection work. The practice covers the drafting and review of terms and conditions that include data protection clauses, along with privacy policies and data privacy agreements. It also assists with designing business models that comply with data protection regulations. Leading the regulatory and regulated markets practice group, Felipe Bahamondez‘s practice covers the technology and telecoms sectors, and data protection work. The associate to note, Lisa Hondl -who is qualified in Germany- routinely assists with preparing clients for compliance with GDPR requirements.
‘Extensive knowledge not only of local laws, but also regional and European ones.‘
‘Versatility in the lawyers’ communications and good interaction with expert practitioners from other countries (but within the same firm) facilitates multi-country analyses, even if centralised through a single-contact person.‘
‘A team with solid technical management of its matters.‘
‘Associate Lisa Hondl is recommended for her knowledge, sense of urgency, versatility, agility, availability and good communication skills.‘
‘Lisa Hondl is a specialist who commits to personalised attention.‘
Philippi Prietocarrizosa Ferrero DU & Uría
‘An excellent team with impeccable knowledge‘, Philippi Prietocarrizosa Ferrero DU & Uría‘s data privacy group is part of the firm’s broad TMT practice. Acting for high-profile clients such as Diageo Chile, The Walt Disney Company and Banco Santander-Chile, the team’s wide expertise includes data privacy and data processing matters, and it has additional specialisms in big data, blockchain, cryptocurrencies and analytics. The firm’s digital desk initiative is co-led by TMT and energy sector expert, Eduardo Escalona, and competition law leader Ignacio Larraín. Former senior associate Álvaro Espinosa moved to Mercado Libre in mid-2021.
Eduardo Escalona; Ignacio Larraín
‘Excellent team with impeccable knowledge, and very commercial and responsive.‘
‘Very transparent when communicating estimates and billing.‘
‘The lawyers understand how European and Anglo-Saxon clients want to receive information and advice – so they advise within the LATAM context but make the assistance understandable and useful for foreign clients.‘
TEG Holing PTE
Instituto Internacional De Artes Culinarias y Servicios
Cooperativa de Servicios Médicos Sermecoop
The Walt Disney Company
- Assisted Experian Colombia with a detailed analysis of the regulations on the treatment of commercial personal data.
- Provided TEG Holing PTE with a legal opinion on data privacy laws.
- Ongoing advice to Instituto Internacional De Artes Culinarias y Servicios on data privacy regulations.
Albagli Zaliasnik‘s six-member IT, media and data privacy department, led by IP, tech and data group partner Eugenio Gormaz, regularly acts for high-profile clients such as Mitsui, Accenture and LG Electronics on data protection matters; and the firm currently acts as a partner firm of the Chilean Chapter of IAPP (International Association of Privacy Professionals). The broad practice of recently promoted senior associate Juan Pablo Zamora covers data privacy compliance; but in mid-2021, both former IT, privacy and media director, Oscar Molina , and associate Andrea Céspedes, exited the firm, with Molina going in-house at BHP.
DiDi Chuxing Technology Co
- Prepared a report for WOM on the guidelines to be followed when using a firewall and AI for instant messaging.
- Assisted Verisure with a data privacy compliance process.
- Advised Heavenward Ascensores on contractual negotiations involving data protection issues.
FerradaNehme‘s technologies and data privacy practice (part of the firm’s TMT department) assists with analysing the collection, storage and processing of personal data, as well as privacy by design and by default. Other notable areas are digital transformation plans and cross-border data exchanges. A partner since 2018, competition, regulation and TMT specialist Benjamín Mordoj routinely advises on the impact of new technologies (including algorithms and big data) on antitrust law; but former of counsel and practice co-head Jessica Matus departed the firm in June 2021 for an academic role.
Legal IT boutique Legal Trust fields specialists in the assessment, analysis and prevention of organisational risks, particularly in relation to the IT sector’s regulatory and technical framework. The group routinely acts for public sector and private companies on data privacy standards and policies, along with advising on legal and regulatory updates. Founding partner Andrés Pumarino has longstanding experience in assisting with technology-related regulatory and risk management matters.
Prieto Abogados fields privacy and personal data protection experts, who regularly assist with drafting data-processing policies and authorisations. Other key areas include client and employee management; data transfer agreements that comply with national and international standards; and due diligence processes to ensure clients’ compliance with the privacy standards required by local regulations. The practice is led by senior associate María Cristina Ríos Llaneza , who is highly active in privacy and data protection work, while associate Agustín Prado is a member of both the data privacy and litigation teams.
María Cristina Ríos Llaneza
Assurant Chile Compañía de Seguros Generales
Assurant Services de Chile
Pedidos Ya Chile
- Ongoing assistance to Assurant Chile Compañía de Seguros Generales with personal data protection and confidentiality issues.
- Ongoing assistance to Delivery Hero E-Commerce Chile with various personal data protection and confidentiality issues.
- Standing advisor to Mediapro Chile regarding personal data protection and confidentiality matters.
Urenda, Rencoret, Orrego y Dörr
The four-strong team at Urenda, Rencoret, Orrego y Dörr assists a substantial client roster on data protection matters, including related labour issues. The team is also active in relation to GDPR work, including the implementation of data privacy policies and their interplay with Chile’s data protection regulations. Alberto Rencoret, who routinely assists with labour-related data protection matters, co-leads the practice with Nicholas Mocarquer, who is experienced in assisting international clients with their data privacy policies. Senior associate Verónica Roa is also on hand to advise on data protection.
Alberto Rencoret; Nicholas Mocarquer
International Data Corporation
- Ongoing assistance to Dow regarding data privacy matters.
- Ongoing assistance to Thomson Reuters with data privacy matters.
- Ongoing assistance to Ferrero – Frutícola Agrichile with data protection matters.