Firms To Watch: Data privacy

Established as recently as late 2020, Jara Del Favero Abogados‘ IT and data protection practice is led up by senior associate Jorge Tisné Niemann and advises on the implementation of platforms for terms and conditions and privacy policies.

Data privacy in Chile

Barros & Errázuriz

Barros & Errázuriz's data privacy group is regularly mandated to draft, edit and implement complex privacy policies. The team also reviews an array of contracts involving personal data transfers, along with assessing the legal implications of clients’ business models in Chile. The ‘bold and inventive' group is led by TMT sector and personal data protection specialist, José Ignacio Ovalle, whose recent track record includes leading advice to DirecTV Chile on its internal information security and privacy policy; and former chief legal adviser at the Undersecretary of Telecommunications, Andrés Rodríguez, who was promoted to partner in April 2023 and focuses his practice on the telecoms and IT sectors, as well as data privacy work. Providing key associate-level support, Magdalena Rojas' experience includes advising clients on IT procurement and the adapting of processes and contractual documents to Chile’s personal data protection legislation; and -at the more junior end- Fernanda Irrazabal, who is active in the firm’s telecoms, technology and data protection group.

Practice head(s):

José Ignacio Ovalle


Testimonials

One of the few teams that knows how to answer exactly what clients ask them, without having to produce a manual.

Bold and inventive, and knows how to look for innovative solutions.

Key clients

Automotores Gildemeister


DirecTV


Mapfre


Indumotora


Marriott International


Webdox


Coca Cola Embonor


Central de Restaurantes Aramark


Compass


Man Energy Solutions


Levaduras Collico


Didi


Larrain Vial


Innoplexus


Evonik


Partners Group


Delta


Indesa


Dentsply Sirona


Saesa


Work highlights


  • Advising Automotores Gildemeister on Chilean data protection law compliance.
  • Advised DirecTV Chile on the compliance aspects of its internal information security and privacy policy, as well as the website’s privacy policy.
  • Assisted Mapfre Compañía de Seguros Generales with the legal due diligence of its data protection compliance.

Carey

The eight-strong data protection group at ‘market leader' Carey covers a vast range of privacy work, in addition to cybersecurity and technology matters. The team regularly works alongside the firm’s consumer protection and compliance practices to provide seamless advice on both B2B (business-to-business) and B2C (business-to-consumer) matters, which involve data privacy and cybersecurity issues. Its track record additionally includes playing a major role in the drafting of Chile’s main privacy and cybersecurity bills. The principal advisers are past president of the American-Chilean Chamber of Commerce, Guillermo Carey (‘first-rate experience'), who leads the firm’s the life sciences, technology and consumer law groups; and counsel José Ignacio Mercado, an ‘excellent professional' for privacy, data protection and cybersecurity work. From the firm’s enviable associate ranks, Elias Mohor's wide-ranging practice covers privacy, personal data and information security.

Practice head(s):

Guillermo Carey; José Ignacio Mercado


Testimonials

A very impressive multidisciplinary approach.

The team supports clients very well!

Guides clients on how proposed bills in Chile may or may not affect them, as well as supporting them through comparisons with laws already in force in Europe.

Market leader Carey provides strategic, commercial and litigation advice to a wide range of companies.

Guillermo Carey has first-rate experience, extensive knowledge, and provides business-oriented advice with innovative solutions.

Personalised attention and good availability – special mention to José Ignacio Mercado.

José Ignacio Mercado always responds and always looks for solutions to the problems raised – an excellent professional.

Key clients

Algramo


Itrend


Pepsico


Pagseguro


Pedidos Ya


Napse


Porsche


Adidas


Bakelite Syntethics


Fuente Chilena


NotCo


Wildfoods


LatamFit


Biomarin


Bristol-Myers-Squibb


Oracle


Coopeuch


ALD Automotive


Sovos


Amcham


Work highlights


  • Assisted Pepsico with the legal assessment and development of several legal documents required for the implementation of a new website, which entailed a combined analysis (both from the privacy and consumer protection standpoint).
  • Advised Algramo on the structuring of privacy policies and assessment of privacy matters in relation to its products and services.
  • Advised  Brazilian credit-card payment platform PagSeguro on its entry into Chile, including reviewing and updating its privacy and IT policies.

Magliona Abogados

Magliona Abogados‘ seven-member group is consistently mandated to draft, implement and enforce privacy policies, in relation to image, honour and privacy rights, as well as the protection and commercial exploitation of privacy-related assets. The team’s enviable client list includes media entities such as Netflix, telecoms player Entel, e-commerce business Mercadolibre, technology giant Google, and data centre company Ascenty. Co-heading the group are managing partner Claudio Magliona, whose wide-ranging practice covers data protection matters; Giovanni Donati, who is experienced in implementing digital security projects; and new-tech, IP and telecoms law specialist Nicolás Yuraszeck P. Providing director-level support: Karla Cid is a former lawyer at the Ministry of the General Secretariat of the Presidency’s modernisation and digital government unit; Carlos Araya is a fintech expert; and Rodrigo Valenzuela, a June-2022 recruit from Alessandri & Compañía Abogados. At associate level, Bárbara Reyes advises on policy issues, compliance and government relations (in addition to her broader corporate and real estate practice); and Diego Cuadra assists with privacy and data protection matters.

Practice head(s):

Nicolás Yuraszeck P; Giovanni Donati; Claudio Magliona


Testimonials

‘Excellent service, knowledge, agility, strategic vision and expertise.’

‘Claudio Magliona and Nicolás Yuraszeck – excellent professionals, available 24/7, quick responses, and excellent knowledge.’

Key clients

Google


Airbnb


Netflix


Google Data Center


Mercadolibre


Directv


Dlocal.com


ENTEL


VTEX


Kavak (México)


ComparaOnline


COPEC


Dafiti


Scharfstein


Falabella


Teck Mining Company


Icon Group


Close UP


Huawei


Ascenty


Frontal Trust


Work highlights


  • Ongoing advice to Airbnb on data protection matters.
  • Advises Comscore, which provides marketing data and analytics to enterprises, on regulatory matters.
  • Advised Google Data Center on its new data centre in Cerrillos.

Alessandri & Compañía Abogados

Alessandri & Compañía Abogados‘ ‘very good' four-member TMT and data privacy group routinely works alongside the firm’s IP, corporate, financial, tax and labour law practices. Recent mandates for the practice’s ‘highly respected professionals' include advising on increased numbers of cyber attacks, investigations, the filing of criminal lawsuits, and the implementation of prevention and risk mitigation programmes. Recently re-appointed co-chair of the AmCham’s digital regulation committee, department head Macarena Gatica (a partner since early 2021) is a specialist in technology, data protection, cybersecurity and e-commerce. Providing additional partner-level support is Rodrigo Velasco A, who is active in technology, media, entertainment and IP matters. At associate level, both Jaime Urzúa and María Ignacia Ormeño advise company clients on the implementation of personal data protection programmes.

Practice head(s):

Macarena Gatica


Testimonials

The firm is very good in this area – it has a lot of experience and strong networks in the entertainment world.

Up to date on IP issues with highly respected professionals in this area.

Key clients

Aseguradora Porvenir


Inversiones Grupo Sud


Dorel Juvenile Chile


Fabula Television


Work highlights


  • Assisted Aseguradora Provenir with drafting several policies concerning operational risks.
  • Advised Dorel Juvenile Chile on its new app (Infanti Contigo), which included drafting the app’s terms and conditions and privacy policies.

Guerrero Olivos

Recent highlights for Guerrero Olivos' sizeable data privacy group include advising Chinese technology-sector player Newegg on the review of its privacy policy. The experienced team is also drawing in new clients such as the UK’s Featurespace, along with Chilean tech start-ups Vinko and Dogkas. Beyond the TMT sector, the data privacy department advises financial services multinational Western Union on data privacy regulations. Other notable areas include assisting with cross-border data regulation compliance and the regulations applicable to data centres. Co-heading the group are Juan Enrique Allard, whose TMT practice takes in data privacy work; Miguel Coddou, a key adviser in the firm’s data protection, banking, finance, new technologies and corporate teams; and Eduardo Cordero, who heads the public law and regulated markets group. At associate level, senior Diego Morandé and Alejandra Leiton both maintain active data privacy practices.

Practice head(s):

Juan Enrique Allard; Miguel Coddou; Eduardo Cordero


Key clients

Telefónica Group


Featurespace


SoftServe


Microsoft


Western Union International


Wells Fargo


Primavera Sound


Novator Partners


WOM


Globalstar


DXC Technology


Newegg


Starz


Dogkas


Vinko


Webtoon


Work highlights


  • Advising Western Union, and its affiliates (on a permanent basis) on technology and data privacy matters, including delivering an international landscape chart of data protection regulations, terms and conditions.
  • Advised Newegg, an online retailer of computer hardware and consumer electronics, on the review of its privacy policy (Master Version) to determine whether it satisfies Chilean data protection regulations.
  • Advised Dogkas, an app that manages animal caretaker services, on the drafting and reviewing of the data privacy policy and terms and conditions for the platform’s use.

Bitlaw

Established in early 2021, Bitlaw is a dedicated privacy and technology boutique that is consistently sought out to advise on data protection-related regulatory matters, including legal compliance issues. The team’s key advisers are Paulina Silva and Javiera Sepúlveda (both previously at Carey, where Silva was data protection and technology group director, and Sepúlveda a senior associate). Silva’s practice encompasses privacy management work, while Sepúlveda is also active in data protection matters. At associate level, Maria Jose Diaz is experienced in personal data protection, technology contracting, e-commerce and IP; but Andrea Céspedes left the firm in August 2022.

Cariola Díez Pérez-Cotapos

The sizeable 14-strong department at full-service practice Cariola Díez Pérez-Cotapos leverages the firm’s strong technology credentials for data privacy work and notably houses lawyers who are certified in cloud services. The privacy practice also regularly draws upon the firm’s IP, litigation, labour and corporate law expertise. The technology, privacy and media team’s principal figures are software and database specialist Rodrigo Lavados; senior partner Francisco Illanes, who also leads the finance, banking and capital markets department; litigation and arbitration expert Raimundo Moreno; and Juan Antonio Parodi, whose broad practice covers finance-related regulatory work. Key senior associate Gabriel Pensa also assists with data protection issues.

Practice head(s):

Rodrigo Lavados; Francisco Illanes; Raimundo Moreno; Juan Antonio Parodi


Key clients

WarnerMedia


Google


Acceso TV (Pay TV Association)


IBM


Zimpler


QSCIRE


Bitpanda


Mercado Libre


Meta


Work highlights


  • Assisting Google with data privacy policy matters.
  • Assisted CIF with the personal data processing protocol for the Transparency of Value Transfer programme of the Chamber of Innovation of the Pharmaceutical Industry.
  • Acted (as co-counsel) for Coopeuch, Chilena Consolidada and Zurich Santander on the detailed review of its processes, products and services, involving the processing of personal data.

DLA Piper Chile

DLA Piper Chile's growing practice advises on the application and implementation of both Chilean data protection law and the European Union's GDPR legislation. The five-member team also assists with the development of standard data-protection guidelines for multinational corporates and is particularly active on behalf of technology companies. The broad practice of the ‘very respected' Matías Zegers covers data protection advice, while Jorge Timmermann's technology-related workload includes data privacy issues. In a boost to the group, data protection and information security expert Carla Illanes joined as counsel in November 2022 from the digital division of Chile's Ministerio Secretaría General de la Presidencia.

Practice head(s):

Jorge Timmermann; Matías Zegers


Testimonials

DLA Piper is undoubtedly one of the most reputable firms globally and locally.

Professionals with a very high professional level, several of whom are linked to academia in the most prestigious universities in Chile – an exceptional track record.

The people who make up the DLA Piper Chile team have very solid principles – they are concerned with providing an excellent service and are always aware of advising on all aspects of business – obviously the legal side, but also corporate structures and even business matters.

Matías Zegers is very respected and admired.

Albagli Zaliasnik

The six-strong practice at Albagli Zaliasnik comprises data protection, media and IT specialists who regularly assist multinational companies with due diligence processes. The team also advises on privacy impact-assessments for new services, the creation of privacy policies, and the verification of start-up-related database use and information processing. The IT, media and data privacy practice is led by Eugenio Gormaz, who is also the firm’s IP group director. Associate Natalia González is experienced in technology matters, including privacy, personal data protection, IP and fintech issues.

Practice head(s):

Eugenio Gormáz


Testimonials

Very professional attention and quick responses.

Warm treatment of clients.’

Work highlights


CMS Carey & Allende

The five-strong practice at CMS Carey & Allende regularly draws upon the Santiago office’s strong IT and telecoms expertise when advising domestic and international clients on Chile’s data protection legislation. In relation to foreign clients, the team assists with adapting and implementing data protection policies in Chile (further to the introduction of Europe’s GDPR). TMC department co-head Diego Rodríguez focuses predominantly on the IT sector, while Ignacio Errazquin is a telecoms specialist.

Practice head(s):

Diego Rodríguez; Ignacio Errazquin


Key clients

Sonda


E-digital


CORFO – Colaboratech


G-Care


E-Digital


I-Hunt


Work highlights


  • Advising E-Digital on a daily basis in relation to compliance with current legislation and global security standards, particularly those concerning security, data ownership and document custody.
  • Advising G-Care on a daily basis, including in relation to its privacy policies.
  • Advising i-Hunt on the implementation of its privacy policy.

Philippi Prietocarrizosa Ferrero DU & Uría

The four-member team at the Chilean office of full-service regional firm Philippi Prietocarrizosa Ferrero DU & Uría is able to leverage the firm’s strong TMT-credentials for data privacy matters. In addition to housing experts in big data, blockchain, cryptocurrencies and analytics, the group also regularly works alongside its banking and competition law colleagues. A key partner in the regional TMT practice, Eduardo Escalona also co-heads the firm’s digital desk initiative.

Practice head(s):

Eduardo Escalona


Key clients

SMU


Experian


Work highlights


  • Advising SMU on data protection issues.
  • Advising Experian on data protection matters.

Urenda, Rencoret, Orrego y Dörr

Urenda, Rencoret, Orrego y Dörr's practice assists both domestic and foreign clients with data protection issues on an ongoing basis, including associated labour law issues. The group additionally advises on the EU’s General Data Protection Regulation (GDPR). Alberto Rencoret, who maintains an active labour-related data protection practice; and fellow partner Nicholas Mocarquer , who advises international clients on the implementation of their data privacy policies (including GDPR-connected developments), are the department’s key advisers. Key associate support is provided by Bernardita Schmidt and Verónica Roa.

Practice head(s):

Alberto Rencoret; Nicholas Mocarquer


Key clients

Dow


Thomson Reuters


Pearson


Ferrero Group


Grupo Marina


Aceros Aza


International Data Corporation


Sony


Viña Veramonte


Code.Org


Work highlights


  • Ongoing assistance to Grupo Marina regarding data privacy matters.
  • Ongoing assistance to Dow with respect to data protection matters.
  • Ongoing assistance to Sony regarding data privacy matters.