Law No. 21,398 (known as the "Pro-Consumer Law"), which amended Law No. 19,496, Consumer Protection Act ("CPA"), reinforced the right of withdrawal in distance purchases, establishing that: Consumers may exercise the right of withdrawal or repentance, within a period of 10 days from receipt of the product, without expression of cause, with respect to all purchases of goods, without conditioning the right to the will of the supplier ...
One of the great innovations that will bring the new Data Protection Law is the establishment of a new legal basis, leaving behind the consent-law binomial. Notwithstanding the above, the new law will recognize the extreme relevance of the data subject's consent and regulate in depth the necessary requirements for a "valid consent" ...
One of the main challenges that organizations will face is to comply in a timely manner with the requests for ARCO Rights that may be exercised by the data subject. This is one of the main pillars of this new regulation, so it is essential that data controllers know and effectively implement procedures to comply with the regulation. Brief context: Law 19.628 ARCO rights[1], i.e. the rights conferred on data subjects to protect their personal data, are enshrined in our current legislation ...
On July 30, 2024, the Chilean Commission for the Financial Market ("CFM") published the Official Letter No. 2,354 (the "Official Letter") amending Official Letter No. 1,835 of April 24, 2007, which provides instructions regarding the form and content of information on investments made by insurance and reinsurance companies ...
One of the structural principles of the new data protection law is the principle of lawfulness and fairness, which requires that all processing has an appropriate legal basis. Those responsible for managing databases that have been organized prior to the entry into force of the new Data Protection Law will face a great challenge: the adaptation of their databases to the new regulation, which will clearly mean a race against time ...
On May 7th, 2024, the President of Chile sent a bill (the “Bill”) to the Chamber of Deputies aimed at reactivating tourism and promoting the audiovisual industry, in order to revitalize one of the most affected sectors by the Covid-19 pandemic and to close the gaps that still exist in the arrival of foreign tourists to our country ...
The National Cybersecurity Coordination, a unit of the Undersecretary of the Interior responsible for coordinating the actions of public agencies in cybersecurity and recommending to the President of the Republic policies, laws, regulations, protocols and standards in this area, recently put two of a series of regulations required by Law No. 21,663 Framework on Cybersecurity up for public consultation ...
Subsequent to the amendments to the Mining Code and other mining legislation that were introduced by Laws No. 21,420, of February 2022, and No. 21,649, of December 2023, on August 2nd there were published in the Official Gazette the Decrees No. 9 and 10 of the Ministry of Mining, which approved the Regulations on the obligation to submit geological information, and amended the Mining Code Regulations, respectively. Decree No ...
On July 25, 2024, the Financial Market Commission ("CMF"), and after a public consultation process, the CMF published General Rule No. 515 (the “NCG 515”) that establishes a new communication channel between the supervised entities and the CMF and General Rule No. 516 (the “NCG 516”) that establishes common criteria to report material and reserved matters ...
On July 24, 2024, the joint committee approved what should be the final draft of the bill that amends Chilean Data Protection Law N° 19,628 (the “Law”). After this stage, the draft of the Law needs to be approved by both the Senate and the Chamber of Deputies. Upon approval, it will be sent to the President of the Republic for presidential approval and eventually will be subject to review by the Constitutional Court ...
On July 3, 2024, Law No. 21.680, which creates a Consolidated Debt Registry (hereinafter referred to as the "Law"), was published in the Official Gazette. This Law aims to centralize information on financial debts, thus improving the credit evaluation of individuals and providing more data to the Financial Market Commission (CMF) for its regulatory functions ...
On June 28, 2024, Exempt Resolution No. 1,160 of May 31, 2024 was published in the Official Gazette, which approved the “Technical Guideline of the Public Health Institute that establishes the requirements for the application for modifications to the sanitary registration of biological products (M-MOBI)” ...
On July 5, 2024, the Financial Market Commission (“CMF”) updated its "Frequently Asked Questions" document related to General Rule No. 502 (“NCG 502”). The NCG 502 regulates the registration, authorization, and obligations of financial service providers under Law No. 21.521, known as the "Fintech Law ...
On July 2, 2024, the Central Bank of Chile ("BCCh") amended Chapters III.J.1, III.J.1.1, III.J.1.3, and III.J.2 of the Compendium of Financial Regulations (the "Compendium") governing the issuance and operation of payment cards. These modifications aim to reformulate the regulations applicable to Payment Processing Service Providers ("PSP") and include two new business models that previously lacked regulation ...
On June 17, 2024, the Chilean Comptroller General of the Republic ("Comptroller") approved DS No. 13 of 2022, of the Ministry of Energy ("Decree"), which (i) amends the regulation of gas installers; and (ii) approves the Safety Regulation of Hydrogen Installations (the "Regulation"). Following the approval by the Comptroller, the decree will enter into force once it has been published in the Official Gazette, notwithstanding the transitory provisions regulated therein ...
On August 1st, 2024, Law No.21,643 which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. General Ruling No.3813 (“General Ruling”), issued by the Superintendence of Social Security ("SUSESO") on June 7th, 2024, provides technical assistance in all matters covered by the new Article 211-A of the Labor Code ...
On August 1st, Law No.21,643, which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. In this context, on June 7th, 2024, the Labor Board issued ruling No. 362/19, which establishes the meaning and scope of the amendments introduced by the Law (the “Ruling”). The most relevant aspects of the Ruling are the following: 1 ...
On May 30, 2024, the Comptroller General of the Republic (“Comptroller”) approved Supreme Decree No. 70 (“Decree”), which amends, mainly, (i) the Supreme Decree No. 62, of 2006, of the Ministry of Economy, Development and Reconstruction (“DS 62”), which approves the Regulation of Power Transfers between Generating Companies established in the General Law of Electric Services, and (ii) the Supreme Decree No ...
On May 17, 2024, Law No. 21,664, which amends the Chilean Sanitary Code to define the concept of meat and prohibit the use of this designation for products that are not of animal origin, was published in the Official Gazette. This law introduces a new Paragraph III to Title II of Book Four of the Sanitary Code, called “Of Meat” ...
On May 07th, 2024, the Chilean President of the Republic sent to the Chamber of Deputies a bill (the “bill”) regarding the regulation of Artificial Intelligence (“AI”) systems, being the result of the work carried out on the former bill, the National AI Policy, comparative experience, and several international recommendations regarding AI ethics ...
Law No. 21.398 "Pro-Consumer", which was published on December 24th, 2021, incorporated the current Article 17 N of the Consumer Protection Act. This article establishes that, before entering a credit transaction, suppliers must analyze the economic solvency of the consumer in order to comply with the obligations arising therefrom ...
On Monday, April 1st, 2024, the Chilean Government introduced in the Chamber of Deputies a bill which aims, on one hand, to establish regulations to facilitate and promote the transfer of technology and knowledge and, on the other, to enable and stimulate the creation and development of science and technology-based companies (“EBCT”) from higher education institutions ...
