The Constitutional Committee specifically approved the bill proposing to postpone the effective date of Law No. 21,719 to October 15 of next year.
On September 1, 2026, the Executive Branch submitted to the Senate a bill (Bulletin No. 18,623-07) seeking to postpone the effective date of Law No. 21,719, on the protection and processing of personal data, currently set for December 1, 2026. The Executive Branch’s original proposal moved that date to December 1, 2027.
Following its general approval on October 19, the Senate Committee on Constitution, Legislation, Justice, and Rules approved the bill in detail at its session on Monday, October 26, after reviewing the 15 amendments submitted by senators and the Executive Branch. The next step is the Finance Committee during the first constitutional reading.
New Effective Date
Following the session on Monday, October 19, the new effective date is October 15, 2027. Thus, the extension would be approximately ten and a half months, rather than the full year contemplated in the original bill.
Board of Directors and Appointments
Regarding the Personal Data Protection Agency (APDP), the Committee adopted the following resolutions:
- The Board of Directors would have five members, instead of the three currently provided for by law, and would continue to undergo partial renewal every two years.
- A proposal to reduce the Senate’s required majority for approving board members to four-sevenths was rejected; the legal requirement of a two-thirds majority of sitting senators remains in effect.
- For the initial appointment, the provision that deemed the presidential nomination accepted if the Senate failed to act in a timely manner was eliminated, and it was stipulated that the Executive Branch must submit a new list of nominees if the first one is rejected.
What does this mean for businesses?
The Commission’s agreements do not alter the substantive obligations of the law: legal grounds for processing, information obligations, data subjects’ rights, security measures, breach notifications, and impact assessments.
Delaying the law’s implementation does not mean delaying preparations. Organizations that use this time to compile records of their data processing activities, review their contracts and policies, and take other necessary steps will be better positioned when the new regulations take effect.
For more information on these topics, please contact:
Rodrigo Albagli | Partner | ralbagli@az.cl
Yoab Bitran | Director, Compliance Group | ybitran@az.cl
Juan Pablo González | Director, New Technologies and AI | jgonzalez@az.cl
Loreto Osorio | Associate | losorio@az.cl
Sebastián Achondo | Associate | sachondo@az.cl
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