Data privacy in Chile

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.

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.

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.

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 Allard, Miguel 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.

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.

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.'

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.

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.

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.

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.

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.

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.

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.