Superintendence Of Industry And Commerce Issues New Circular On International Data Transfers

On August 10, 2017, the Superintendence of Industry and Commerce presented a new regulation under the country's recently enacted international data transfer law. Specifically, the new circular explicitly sets forth the standards that must be considered when deciding if a country has an adequate data protection level, as well as a list of countries that have been deemed to meet such criteria. The circular also defines specific parameters for requesting a declaration of conformity from the Superintendence of Industry and Commerce.

In particular, the new regulation contains the following provisions:

 1. Standards for determining if data protection level is adequate:

To determine whether a country's data protection level is adequate, the following standards must be considered: