If you’re thinking about expanding your tech company to Chile, one of the key issues to consider from the beginning is compliance with personal data protection regulations. In December 2024, Chile passed Law No. 21.719, which modernizes the country’s legal framework in this area.
Although the new legislation is not yet in effect, it is scheduled to come into force in December 2026. This gives foreign companies planning to enter Chile some time — but they shouldn’t wait — to prepare.
What Does Law No. 21.719 Regulate?
This law amends the outdated Law No. 19.628 and introduces new requirements for all natural or legal persons, public or private, that process personal data within Chile.
And most importantly for foreign companies: it will also apply to those who, from abroad, process the personal data of individuals located in Chile.
What Is Considered Personal Data?
The law defines personal data as any information that identifies or makes it possible to identify a natural person. Common examples include:
- Name, RUT (Chilean ID), address
- Email or phone number
- Financial or health information
It also defines sensitive data as those related to health, sexual orientation, ethnic origin, religious or political beliefs, among others — which are subject to stricter rules.
What Are the Basic Principles Set by the Law?
Companies processing personal data will need to comply with principles such as:
- Lawfulness: Processing must be based on a valid legal ground, such as the individual’s consent.
- Purpose limitation: Data must be used only for the specific purpose disclosed at the time of collection.
- Data minimization: Only strictly necessary data should be collected.
- Proactive responsibility: Companies must prevent risks and ensure personal data is protected with appropriate measures.
New Rights for Data Subjects
The new regulation expands the rights individuals have over their data. Companies must be ready to respond to requests for:
- Access
- Rectification
- Deletion
- Objection to processing
- Data portability
What Should Foreign Companies Planning to Operate in Chile Consider?
Although the law won’t take effect until December 2026, it’s advisable to start preparing now. If your company is planning to operate in Chile — or is already considering it — you should:
- Integrate compliance into your market entry strategy.
- Design products, services, and platforms with privacy in mind.
- Review data flows, providers, and storage practices to meet legal standards.
- Prepare clear privacy policies and internal procedures to manage user rights.
What Happens Until the Law Takes Effect?
Until December 2026, the current Law No. 19.628 remains in force. It also requires consent for processing personal data and grants basic rights to individuals. However, it lacks strong enforcement mechanisms and penalties, which is why many companies are already beginning to voluntarily align with the new law’s standards.
Conclusion
The entry into force of Law No. 21.719 will mark a major shift in how companies — including foreign ones — must handle personal data in Chile. If you plan to open operations in the country, this is an issue you shouldn’t leave for the last minute.
Complying with this regulation will be a legal requirement by 2026, but it can also be a competitive advantage for those aiming to build trust and operate with international standards from day one.
Need Help?
At LAT33, we help foreign companies establish and operate in Chile in full legal compliance.
Contact us at lat33.services/contact-us/ and we’ll guide you step by step.
