Data privacy in Chile

Barros & Errázuriz

The Chilean member of Latin America-based Affinitas law firm alliance, Barros & Errázuriz's privacy and personal data protection work predominantly focuses on: compliance with local legislation (Law 19.629 on the Protection of Private Life); confidentiality agreements; personal data international transfer agreements; and the application in Chile of the EU's General Data Protection Regulation (GDPR). Additional areas of strength include company privacy policies and information security; and in recent work, the team advised Brazilian multinational technological company VTEX on data privacy issues. With over 25 years' experience in the TMT sector, José Ignacio Ovalle consistently advises on the regulatory and commercial aspects of telecoms, technology and data privacy; and experienced senior associate Andrés Rodríguez (a former chief legal adviser at the Chilean telecoms regulator) focuses on work involving data privacy, and the IT and telecoms sectors.

Practice head(s):

José Ignacio Ovalle

Key clients

VTEX

Sumitomo Mitsui Banking Corporation

Fanatiz

Delta Air Lines

Everis

DirecTV

DiDi

Pontificia Universidad Católica de Chile

Caja de Compensación de Asignación Familiar 18 de Septiembre

Overactive

Polux

Laureate

La Prairie

Work highlights

  • Advised Brazilian multinational technological company, VTEX, on data privacy issues.
  • Assisted Sumitomo Mitsui Banking Corporation with the compliance review of its global personnel privacy notice.
  • Advised Delta Air Lines on data processing requirements in Chile.

Carey

Full-service, market heavyweight Carey stands out for the key role it played both in the drafting of Chile’s main privacy and cybersecurity bills, and the formation of the relevant cybersecurity bodies in Chile. The team has developed high-end privacy services and products for the retail, healthcare, finance and insurance industries, in relation to data protection and cybersecurity issues; and the practice extends further to the application of local data protection regulations, privacy by design, data processing agreements and employees’ use of devices and cookie policies, along with international data transfers, codes of conduct, and implementation of cybersecurity tools. Team head Guillermo Carey‘s broad IP and technology practice includes data privacy matters, while the senior associate pool includes Jose Mercado and Elias Mohor. Former counsel and practice co-head Paulina Silva and associate Javiera Sepúlveda left to establish their own boutique practice in December 2020.

Practice head(s):

Guillermo Carey

Key clients

Toyota

Microsoft

Metlife

Aguas Andinas

Nestlé

Aleatica

Asics

BCI

Banco Santander

Nokia

Epson

Itau

Liberty

Daimler

Omnibus

Pepsico

Porsche

Schneider

United Health Group

Blackrock

Mastercard

Mapfre Chile

Zimmer

Work highlights

  • Advising customer data group dunnhumby on day-to-day privacy queries.
  • Assisting Itrend (a public-private non-profit association currently undergoing incorporation) on the design of its data use policies.
  • Providing a data protection assessment and audit for Liberty Chile.

Alessandri & Compañía Abogados

Standing out for its commitment‘, Alessandri & Compañía Abogados has fielded a data privacy practice since 2017. The six-strong group is best known for its work involving financial services, while the recent pandemic led to new data processing service-lines involving healthcare, telemedicine, employees’ health data, e-commerce and online education. Additional growth saw practice head and co-chair for AmCham’s Digital Regulations Committee, Macarena Gatica (who ‘always achiev[es] the best results‘), being appointed partner in January 2021; further partner-level support is provided by IP/IT managing partner Rodrigo Velasco A, and Santiago Ortúzar, who handles compliance, unfair competition and IP). Key practice associate Jaime Urzúa advises on personal data protection and cyber security programmes.

Practice head(s):

Macarena Gatica

Testimonials

The Alessandri team stands out for its commitment and thoroughness in the work carried out.

Demonstrate great collaboration and flexibility skills.

Great for breadth of knowledge, both theoretical and practical.

Commitment to the client with personalised attention.

Macarena Gatica stands out for her leadership skills and collaboration with others; she is very committed and responsible, always achieving the best results.

Macarena Gatica is available and committed, and has solid knowledge.

Rodrigo Velasco A is a great negotiator and communicator.

Key clients

Concha y Toro

Compañía de petróleos de Chile (COPEC)

Megaarchivos

CAT Administradora de Tarjetas

Gerty

American Chamber of Commerce

Viña Emiliana

Silfa

Work highlights

  • Advised major winery Concha y Toro on data privacy issues, in relation to its new e-commerce and online education courses.
  • Assisting the Digital Regulation Committee at AmCham Chile with several regulations and public policies surrounding data privacy, cybersecurity, e-commerce and computer-related crimes.
  • Advised Chile’s Copec on e-commerce-related data privacy issues.

Cariola Díez Pérez-Cotapos

Extremely focused on data privacy matters, the six-strong practice at Cariola Díez Pérez-Cotapos is ‘fully up to date with international standards‘; and in 2019, the firm entered into an alliance with the Chilean branch of ‘Big Four’ professional services network KPMG, so as to facilitate data protection-related legal, compliance and audit services. A member of the data privacy expert board at the Confederation of Production and Commerce, Rodrigo Lavados (who also works on IP matters) leads the firm’s technology, privacy and media group. At senior associate level, Felipe Fernández advises clients such as Google, Coopeuch and IBM (on a daily basis) regarding data privacy matters, while Gabriel Pensa‘s practice also includes data protection issues. Since publication, Fernández has left for Ernst & Young (Santiago) - effective December 2021.

Practice head(s):

Rodrigo Lavados

Testimonials

They are very up to date with the regulations and the most relevant cases.

Cariola’s data privacy team has mastery not only of the legal side, but is fully trained to understand the challenges arising from technological advancement.

Comprehensive vision, capacity for collaboration with other disciplines, and strategic perspective based on strong legal and technical knowledge.

Fully up to date with international standards.

Rodrigo Lavados stands out both for his knowledge of matters and his way of working, which means he is very pleasant to work with.

Key clients

Ripley

Louis Vuitton

Coca-Cola

DNB Group

Medtronic

adidas

IBM

KPMG

Caja los Andes

Coopeuch

Banco Santander

Redbanc

El Mercurio

Metlife

Google

BHP

Work highlights

  • Assisted BHP with the implementation of an app that allows the determination of the location of employees on mining sites (to ensure a safe and healthy work environment within the context of Covid-19).
  • Advised Banmedica on the regulations surrounding the use of medical records in an interoperable platform, which will allow medical data sharing among health providers on its network.
  • Assisting KPMG (on behalf of Banco Santander) with a company-wide assessment of its personal data processing status.

Guerrero Olivos

Guerrero Olivos' nine-strong data privacy department advises clients from a range of sectors, including banking, social media, technology and governmental bodies, among others. Key types of work for the group range from personal data and data protection consultancy in relation to terms and conditions, to the application of data privacy to local jurisdictions. A notable area of recent growth includes compliance requests by international corporations in relation to data privacy and data-centre regulatory requirements. The experienced partners to note are TMT head Juan Enrique AllardMiguel Coddou (data protection, new technologies, banking and finance and corporate law), and public law and regulated markets head, Eduardo Cordero. Senior associate and IP practice head Diego Morandé is also a key member of the technology group.

Practice head(s):

Juan Enrique Allard; Miguel Coddou; Eduardo Cordero

Key clients

WhatsApp

Tencent Holdings

Newegg

PayPal

Stanley Black & Decker

United Parcel Service

Webtoon Entertainment

Wayra

Fundación Chile

Facebook

Amazon / Amazon Web Services

Banco Santander

Airbnb

Western Union International and affiliates

Globalstar

Education Ministry

National Assets Ministry

Work highlights

  • Advised WhatsApp on data centre regulatory issues.
  • Advising Amazon on corporate compliance with data privacy laws and regulations.
  • Advised PayPal on the data privacy angle of its international sales/telemarketing international project.

Magliona Abogados

Leveraging off its significant IP and TMT expertise, Magliona Abogados fields a six-member group with longstanding data protection and privacy experience. Representative work includes advising heavyweight clients, such as Google, Falabella, Entel, MercadoLibre and Dafiti, on major data-related assignments, including pharmaceutical data processing. The team has also recently focused on the interaction between AI and its privacy-related limits, where director Carlos Araya is particularly active, as well as the ongoing relevance of consumer law to data protection. Managing partner Claudio Magliona's broad practice includes data protection work; Nicolás Yuraszeck has expertise in data protection and data processing, along with pharmaceutical data; and Giovanni Donati is a consumer law-related data protection expert. Associates Karla Cid (an October 2020-hire from Microsoft) and Bárbara Reyes are also key team members.

Practice head(s):

Claudio Magliona; Nicolas Yuraszeck; Giovanni Donati

Testimonials

They are the best connoisseurs of data privacy in the country, which means that they represent the main technology companies.

They have exceptional knowledge.

Without a doubt the best firm in the data privacy area.

Outstanding ability.

Claudio Magliona and Nicolas Yuraszeck are available 24/7, and have great knowledge that can be applied to both business and industry.

Claudio Magliona advises on matters of public privacy policy, which is an advantage he has over other firms.

Key clients

Google

Netflix

DirecTV

Airbnb

J&J Personal Care

Compara Online

Entel

Hexagon

Coordinador Electrico Nacional

Falabella

MercadoLibre

Dafiti

Correos de Chile National Post office

Dlocal

Close UP

Silice

Smart Mining

Icon Group

Owens Corning

Work highlights

  • Advising Google (on an ongoing basis) on several matters, including data protection laws.
  • Advising Netflix on privacy policy, opt-out rules and consumer data protection regulations.
  • Advising DirecTV (on an ongoing basis) on data protection issues.

Albagli Zaliasnik

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, led by senior associate Oscar Molina ('one of the most knowledgeable and prepared attorneys in data privacy in Chile'), regularly advises clients such as Mitsui, DiDi, Accenture and LG Electronics on data privacy matters. Associate Andrea Céspedes, who worked at IP legal boutique Silva until July 2018, also has an extensive data privacy background. Clients note the pair 'make a wonderful team' and that 'they are both certified in data privacy matters, so we are always very confident of their advice.'

Practice head(s):

Oscar Molina

Testimonials

Oscar Molina and Andrea Cespedes make a wonderful team. They are both certified in data privacy matters so we are always very confident of their advice. They provide fast and business-oriented responses every time we need advice on data protection. Our company is very sensitive to these issues and therefore we can only rely on very good teams. I don’t know any other firm in Chile that has such a dedicated and specialised team in data privacy.

Oscar Molina is by far one of the most knowledgeable and prepared attorneys in data privacy in Chile. He not only gives great and practical advise but is also up to date with latest trends in the matter. He is definitely the market leader in this field.’

‘Andrea Cespedes is a very important part of his team and she is becoming one of the best in the field. Both make a great team.

Oscar and Andrea are the only certified lawyers in data privacy that work in a law firm that I know. That is really a very important distinction in relation to other firms or even among other members of their own office.

Key clients

Accenture

DiDi Chuxing Technology Co

LG Electronics

Mitsui Group

Sky Airline

Novo Nordisk

Roche Laboratories

Harpscore

Ria Financial

Abbott Laboratories

Mutual de Seguridad

Work highlights

  • Assisted DiDi Chuxing Technology Co with the review of its current data privacy policies in order to comply with local regulations.
  • Assisted Accenture with a review of the consequences of a European Court of Justice’s recent decision (which restricts international transfers of personal data) on Accenture’s data flows to Chile.
  • Assisted Roche Laboratories with formal training for medical professionals, in relation to the legal aspects of telemedicine (including the usage of personal data and the implications of electronic signatures).

Bitlaw

Bitlaw was launched in February 2021 by 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 of the practice. Silva (current director of the Chilean Cybersecurity Alliance), has over a decade's experience advising companies on the legal aspects of technology contracting, software development (particularly agile methodologies), digitisation, privacy management and electronic commerce. Fellow founding partner Sepúlveda focuses on technology contracting, software protection strategies, privacy, electronic signature, electronic commerce, and IP matters.

Practice head(s):

Paulina Silva; Javiera Sepúlveda

Key clients

Aleatica

Justo

Lipigas

Metlife

Dunnhumby

Work highlights

  • Advising Lipigas on its day-to-day privacy needs.
  • Advising Metlife Chile on its day-to-day privacy issues and agreements.
  • Advising Aleatica Chile on its day-to-day privacy issues and agreements.

CMS Carey & Allende

CMS Carey & Allende's four-member group advises on the applicable data protection legislation in Chile on an ongoing basis; and its advisory work recently increased as a result of a National Congress bill that will establish a new legal framework. The team also assists international clients with the adaptation and implementation of GDPR in Chile. Co-head of the office's TMC team, Diego Rodríguez predominantly focuses on the IT industry; however, associate Rodolfo Leiter moved in house at Mercado Libre in August 2021.

Practice head(s):

Diego Rodríguez

Testimonials

The support of the CMS team has been essential in properly establishing the necessary safeguards for daily operations.

They have guided us very well, in terms of how we should protect data and what kind of commitment we should demand from clients (institutions).

Their knowledge of this area is apparent from the outset, and they apply the knowledge and experience they have had with other clients to speed up the results in the best way possible.

This is an intergenerational and interdisciplinary team that answers all my questions and requests, and they guide me in making decisions.

As different topics of interest arise, they make the entire CMS team available, so as to resolve issues satisfactorily.

Professional and punctual with my interests, they have allowed me to develop and materialise my business relationships.

One of the main differences at CMS is how they approach challenges by proposing diverse teams that are expert in different areas.

They have constantly supported us in the challenges that appear along the way, giving us their know-how and guiding us to making the right decisions.

Key clients

CORFO – Colaboratech

G-Care

E-Digital

i-Hunt

Work highlights

  • Advised Fractal EDM on a contract negotiation with the private and public sector, involving the provision of health data analysis services, as well as data processing contracts and data protection regulation issues.
  • Advising G-Care, which uses sensitive personal data, on its privacy policies.
  • Advising i-Hunt on the processing of personal data of job candidates.

DLA Piper Chile

DLA Piper Chile's 'outstanding' four-member group combines its data protection legal expertise with experience in regulatory matters, technology, corporate law, venture capital and consumer protection. Head of the regulatory and regulated markets practice group, Felipe Bahamondez, has vast experience in the technology and telecoms sectors, as well as in data protection work. At associate level, Lisa Hondl is experienced in assisting large national and international companies with the implementation and everyday application of the GDPR, including communications with the national supervisory authorities.

Practice head(s):

Felipe Bahamondez

Testimonials

They compare favourably with other teams, and have a lot of technical and accurate knowledge – they do a very neat job, leaving no loose ends.

Outstanding lawyers.

Key clients

Izit

L’Oréal

Almacén Gurú

ATC Sitios de Chile

Acepta.com

Work highlights

  • Advised L’Oréal on the data protection-compliant design of an online platform and mobile app (in co-operation with various other providers), as well as on the preparation of privacy policies and terms and conditions.
  • Assisted Chilean tech company Acepta.com with reviewing contracts with service providers and drafting data protection clauses.
  • Advised ATC Sitios de Chile on both the creation of a data retention policy and the adaption of an employee ‘Bring Your Own Device’ policy with national data protection law requirements.

FerradaNehme

Part of FerradaNehme's TMT practice, the technologies and data privacy group was created in April 2020 when associate practice co-head Jessica Matus (privacy and data protection, cybersecurity, IT and e-commerce) joined as counsel from Marco Legal; subsequently Matus was promoted to director eight months later. The department advises clients from a range of industries, from telecoms and media content creation, to energy, retail, e-commerce, banking and finance, entertainment, pharmaceuticals and cosmetics. Fellow co-head (and partner since 2018), Benjamín Mordoj specialises in the interaction between competition law and technology.

Practice head(s):

Benjamín Mordoj; Jessica Matus

Testimonials

Specialised in the legal, international jurisprudence and digital law aspects.

The team in charge pays attention to the protection of personal data and privacy, specialising in the legal aspects as well as having a solid base of knowledge in IT and digital rights.

Key clients

Falabella

Walmart Chile

Novo Nordisk Farmacéutica

Copec

Transbank

Compañía de Acero del Pacífico

Asociación de Telefonía Móvil

Natura Cosméticos

GC Rent Chile

Work highlights

  • Advising Chilean steel producer and mining company CAP on different matters concerning privacy and data protection, including training employees on the application of data protection regulations and standards.
  • Assisted Asociación de Telefonía Móvil, a trade association made up of most of Chile’s main telecoms’ companies, on the legality (from a telecoms and data protection regulation viewpoint) of a Telecommunications Agency Technical Norm.
  • Advises GC Rent (the Chilean subsidiary of German leasing and financing company Grenke), on data protection matters which concern the processing of the data of clients, employees and partners.

Morales & Besa

With ‘a very practical handling of issues‘, Morales & Besa‘ practice focuses on strategic and general data privacy advice, as well as transactions involving data privacy matters and cybersecurity. The team also assists clients with contractual matters comprising data protection issues, such as cross-border data transfers, personal data processing authorisations and agreements, and cybersecurity issues. Edmundo Varas is the ‘very committed‘ data privacy partner in charge, while associate Marco Correa is noted for data protection, IP and technology law. Since publication, however, Varas has left the firm - effective as of year’s end 2021.

Testimonials

They respond almost immediately and are always available to assist us.

They have a very practical handling of issues, and explain to us in a concise but complete way the applicable regime in Chile regarding data privacy.

The team is very good and prepared in these matters.

You can tell that the team works well together, which adds a lot of value.

Without a doubt this firm stood out in terms of how we were handled.

Obtains important results and stands out from other law firms in its dealings with clients, as well as its willingness and ability to understand the characteristics of the company.

The clarity and preferential treatment we receive, especially from Edmundo Varas, is great; he rolls up his sleeves and gets stuck into projects himself.

Edmundo Varas is a very committed partner who is great for service, technical knowledge and availability. I really like working directly with him.

Key clients

Corporación Wikimedia Chile

Fundación Generación Empresarial

Donar Online

Alianza Team

Bredenmaster

Work highlights

  • Represented Corporación Wikimedia Chile, a non-governmental organisation, in a constitutional action filed by television producer Herval Abreu, which requested the deletion of internet content about him (known internationally as the right to be forgotten).
  • Advised an international company on a master survey, which was conducted globally in relation to personal health data processing legislation.
  • Assisted a telecoms company with a questionnaire on Chilean data privacy regulation.

Philippi Prietocarrizosa Ferrero DU & Uría

Full-service law firm Philippi Prietocarrizosa Ferrero DU & Uría houses a 'dedicated and responsible' data privacy group that acts for major radio and television media companies, large banks, global payment method companies and other online businesses on personal data matters. Eduardo Escalona, who is particularly focused on the energy and TMT sectors, and Ignacio Larraín (competition and compliance) are in charge of the practice's Digital Desk initiative. A key senior associate within the firm’s Chilean competition and economic regulation team, Álvaro Espinosa is also part of the TMT practice; but former senior associate Camilo Mardones left in June 2020 to move in house at Engie Chile.

Practice head(s):

Eduardo Escalona

Testimonials

They are a very dedicated and responsible team that knows this work area very well.

Ability to explain complex issues from experience and knowledge.

Key clients

The Walt Disney Company

Twenty-First Century Fox

Banco Santander Chile

Rappi

Spotify

Metro / Metro Pago

Anglo American

Instituto Internacional de las Artes Culinarias y Servicios

UC Christus Servicios Clínicos

Work highlights

  • Advising The Walt Disney Company on several matters, including data protection regulation.
  • Acted for Banco Santander-Chile in proceedings before the National Consumer Service concerning a class action filed against it, as well as advice on data protection regulations.
  • Advises Spotify on a variety of issues, including data protection regulation.

Legal Trust

Established in 2012, Legal Trust is a legal IT boutique that specialises in the assessment, analysis and prevention of organisational risks surrounding the IT sector's regulatory and technical framework. The 'very competent, highly specialised' group consistently advises both the public sector and private companies on the adoption of data privacy standards and policies, as well as on the updating of laws and regulations. Founding partner and team head Andrés Pumarino assists with technology ventures and telecoms and IT regulation, and is a specialist in the regulatory environment concerning cybersecurity risk management and incident responses.

Practice head(s):

Andrés Pumarino

Testimonials

They do their job very well and their people are very specialised.

Legal Trust is an office that stands out for being up to date on digital identity, electronic signature and cybersecurity issues.

Very competent, highly specialised, active people in this field, with great efficiency and judgement.

Andrés Pumarino’s work is outstanding.

Key clients

Mutual de Seguridad

Coopeuch

Instituto Profesional Guillermo Subercaseaux

CFT Enac

Duoc UC

Instituto Profesional Latinoamericano de Comercio Exterior

FAD Chile

Multivende

Audetic

Letslaw

Work highlights

  • Assisted Mutual de Seguridad with the modernisation of its IT framework.
  • Assisted Duoc UC, a higher education institution, with strengthening its cybersecurity position, including incident preparedness and compliance measures.
  • Acts for Coopeuch as data protection and compliance adviser.

Prieto Abogados

Prieto Abogados' privacy and personal data protection experience ranges from drafting data-processing authorisations, to preparing data-transfer agreements that comply with national and international standards, as well as preparing reports on the regulation of privacy and personal data protection in Chile. The principal advisers are senior associate María Cristina Ríos Llaneza, who has over seven years' experience in the privacy and data protection field; and recently promoted associate Iván Torrealba Marinovic. Former senior associate and practice head Andrés Laymuns moved in house at Anglo American in February 2021.

Practice head(s):

María Cristina Ríos Llaneza; Iván Torrealba Marinovic

Key clients

Assurant Chile Compañía de Seguros Generales

Pedidos Ya Chile

Eclass Chile

Mediapro

Essilor International

Work highlights

  • Assisting Assurant Chile Compañía de Seguros Generales with personal data protection and confidentiality issues.
  • Assisting PedidosYa Chile with personal data protection and confidentiality matters.
  • Assisting Mediapro Chile with personal data protection and confidentiality issues.

Urenda, Rencoret, Orrego y Dörr

Urenda, Rencoret, Orrego y Dörr 's four-member department assists several local and foreign clients with data protection matters on a day-to-day basis, including in relation to labour issues; it also consistently advises on the impact of GDPR implementation. The main advisers are Alberto Rencoret, who assists with labour-related data protection matters issues; and Nicholas Mocarquer, who advises foreign clients on their data privacy policies (and particularly their interplay with Chilean data protection regulation). Senior associate Verónica Roa additionally assists with the review of data protection policies and their implementation.

Practice head(s):

Alberto Rencoret; Nicholas Mocarquer

Key clients

Pearson

International Data Corporation

Code.Org

Ferrero

Dow

Aza

Frutícola Agrichile

FMC Corporation

Thomson Reuters

Work highlights

  • Advises Thomson Reuters (on an ongoing basis) on contract-related data privacy issues.
  • Advised Pearson on data privacy issues surrounding the transformation of its sales platform to a B2C platform.
  • Assisted Dow’s global data privacy team with Chilean data protection regulations.