Chile’s robust regulatory framework protects privacy and the proper handling of personal data—a key consideration for those looking to invest and operate in the country.
In Chile, personal data protection is a fundamental right recognized in the Constitution and regulated according to Law No. 19,628.
The legal framework establishes clear obligations for both public and private organizations, as well as control and protection mechanisms for citizens.
Learn about the regulations that ensure legal certainty for investors and companies handling data in Chile.
Privacy protection in Chile is primarily governed by Law No. 19,628, which establishes the rules for the collection, storage, sharing and use of personal data.
Furthermore, Law No. 21,096 recognizes data protection as a constitutional right, reaffirming its fundamental importance for citizens and companies.
Chile has gradually amended its laws to enhance transparency in data usage, prevent labor discrimination based on financial information and ban the disclosure of education or health-related debts.
The evolving framework allows companies to operate in accordance with modern privacy and accountability standards.
Chilean law differentiates between various types of data, which is crucial for proper handling:
Chilean law also defines a personal data bank or registry as any organized data set that can be processed, either automatically or manually. This definition is vital for companies handling large volumes of data.
Chile follows international best-practice principles that are essential to regulatory compliance:
These principles provide certainty that drives the development of industries such as technology, digital services, fintech and e-commerce.
The Chilean framework grants individuals broad rights over their data:
Additionally, the law includes habeas data, a judicial remedy that ensures access, correction or deletion when data controllers do not respond within the established deadlines. For companies, this requires establishing clear internal procedures and official communication channels.
The law strictly regulates the financial data that can be reported, including protested debts or defaults supported by valid documentation.
At the same time, it prohibits reporting debt related to utilities, education, health, highway tolls or arrears that occur during periods of unemployment.
This level of clarity provides certainty, helps prevent discriminatory practices, and is therefore crucial for companies conducting risk assessments, granting credit or handling financial data.
State agencies have a special data-handling system. All state data banks must be registered with the Civil Registry and Identification Service, which records their legal basis, purposes, data types and the population involved.
The system enhances transparency and facilitates interoperability between institutions.
Chile’s data protection framework aligns with international standards and guarantees adequate operating conditions for data-driven industries.
The environment offers investors certainty, clear rules and a state commitment to privacy and digital security.
To learn more about this and other matters relevant to setting up your business in Chile, download the chapter of our step-by-step guide for Foreign Investors. Other chapters also contain helpful information on labor laws, taxes and environmental assessment.