This is a transitional measure that seeks to provide legal certainty to companies and avoid possible “automatic non-compliance.”
On December 11, the Undersecretary of the Ministry of Economy approved the Model Contractual Clauses (MCC) for the international transfer of personal data developed by the Ibero-American Data Protection Network (RIPD).
This is a transitional measure that seeks to provide legal certainty to companies and avoid possible “automatic non-compliance,” considering that it is possible that, when the new Data Law comes into force, the Personal Data Protection Agency may not yet have issued specific regulations to enable these cross-border flows.
The advantage of these CMMs is that they are a standard legal instrument ready for implementation and allow organizations of different sizes and operational complexity to transfer personal data internationally to recipient countries that do not have an adequate level of protection.
Finally, it is important to mention that the initiative allows Chile to align itself with other countries in the region that have already approved the Ibero-American Network Clauses, such as Argentina, Peru, and Uruguay.
For more information on these topics, please consult:
Rodrigo Albagli | Partner | ralbagli@az.cl
Eugenio Gormáz | Partner | egormaz@az.cl
Yoab Bitran | Director Compliance Group | ybitran@az.cl
Antonia Nudman | Senior Associate az Tech | 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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