The Spanish agency published a guide on data protection in labor relations, which could serve as a reference for Chilean legislation.
Last Thursday, May 1, the Spanish Data Protection Agency (AEPD) published a guide on data protection in labor relations that provides guidelines for the treatment of personal data in the context of work.
The document covers several common issues and questions in the employment context, such as the lawful bases for processing data in the workplace and the different incidences of personal data processing in the different stages of the employment relationship (from recruitment/hiring to dismissal or termination of the employment relationship).
As we know, our new personal data regulation comes into force in December 2026 and, therefore, we do not yet have guidelines from the Chilean Personal Data Protection Agency.
However, the guidelines and opinions issued by the Spanish Agency have served as a guide during this time, and even had an influence on the processing of legal amendments in Chile in Congress.
For this reason, the appreciations expressed in this new document shed light on how these issues could be dealt with in the future by the Chilean agency and our market in general, once Law No. 21.719 comes into force, and give us guidelines to start defining the course of action in such a relevant and contingent environment as labor and labor relations.
You can review the guide here.
For more information on the Personal Data Protection Law, please contact:
Rodrigo Albagli | Partner | ralbagli@az.cl
Eugenio Gormáz | Partner | egormaz@az.cl
Yoab Bitran | Director Compliance Group | ybitran@az.cl
Antonia Nudman | Senior Associate IP, Tech and Data Group | anudman@az.cl
Esteban Orhanovic | Associate IP, Tech and Data Group | eorhanovic@az.cl
Felipe Barrera | Associate Compliance Group | fbarrera@az.cl
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