International Data Transfers
Regulatory framework for cross-border personal data transfers under Law 21.719, establishing specific protection mechanisms to ensure continuity of protection level outside Chilean territory.
International Transfers
Transfers require guarantees of equivalent protection in the destination country. Law 21.719 establishes hierarchical mechanisms: adequacy decisions, appropriate safeguards, and specific exceptions.
Adequacy Decisions
Official recognition by the Data Protection Agency that a third country offers a level of protection essentially equivalent to Chilean standards.
- Comprehensive legal framework assessment
- Analysis of supervisory authorities
- Periodic review of conditions
Standard Contractual Clauses
Model contracts approved by the Agency establishing specific obligations for data importers, guaranteeing equivalent protection through contractual commitments.
- Data importer obligations
- Third-party beneficiary rights
- Effective remedy mechanisms
Binding Corporate Rules (BCR)
Internal policies of multinational corporate groups establishing uniform data protection standards applicable to all entities within the corporate group.
- Application to entire corporate structure
- Agency approval
- Internal compliance mechanisms
Certifications and Codes of Conduct
Sector-specific certification programs and approved codes of conduct demonstrating compliance with specific data protection standards in transfers.
- Specific sector certifications
- Industry codes of conduct
- Supervision by accredited bodies
Transfer Assessment Process
Determining the appropriate mechanism for each international transfer requires systematic analysis considering multiple specific legal, technical, and operational factors.
1. Identification of Destination Country
Precise determination of the data-receiving jurisdiction, considering not only the importer's country of establishment, but also possible sub-transfers and location of servers or processing centers.
2. Adequacy Decision Verification
Consultation of the official registry of countries with valid adequacy decisions. If one exists, the transfer may proceed without additional safeguards, subject to the specific conditions of the decision.
3. Alternative Mechanisms Evaluation
In the absence of an adequacy decision, analysis of the applicability of standard contractual clauses, BCR, certifications, or codes of conduct according to the specific characteristics of the transfer.
4. Complementary Risk Analysis
Additional assessment of factors such as the destination country's legal framework, government access powers, judicial independence, and existence of effective remedies for data subjects.
5. Implementation and Documentation
Formalization of the selected mechanism through appropriate documentation, inclusion in the Record of Processing Activities, and establishment of ongoing compliance monitoring procedures.
Special Considerations by Sector
Transform Your Legal Challenges into Competitive Advantages
Discover how our innovative approach can drive your business
