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Demonstrating Compliance with Data Privacy Legislation

Demonstrating Compliance with Data Privacy Legislation Background Image

By Palmina Fava, Chris James, Briana Falcon, Gabriela Astolphi, and Gabriel Silva.

In recent years, the data privacy protection phenomenon that originated in Europe has swept across Latin America. Chile became the first Latin American country to enact a law governing data protection in 1999, prompting Argentina, Uruguay, Mexico, Costa Rica, Peru, Columbia, Brazil, and Panama to follow suit. Latin America’s data privacy laws generally follow the European Union’s General Data Protection Regulation (GDPR) model. However, due to rapid technological advancements, individual countries’ laws and regulations quickly become obsolete and in need of reform. As a result, it is crucial for companies operating in Latin America to maintain familiarity with the fluid nuances of these differing legal frameworks.

As part of Latin Lawyer’s The Guide to Corporate Compliance, Second Edition, this chapter provides an introduction to the GDPR and the process of demonstrating compliance with this body of law. It then discusses how companies may best address the many jurisdictional differences between data privacy regimes. Finally, it addresses the Fair Information Practice Principles (FIPPs), which underpin all data privacy laws and can serve as a guide when creating a strong data compliance program.

Please find an extract from the second edition of Latin Lawyer’s The Guide to Corporate Compliance here and below. The whole publication is available here. 

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.