On October 19, 2026, the Constitution, Legislation, Justice and Regulations Committee of the Chilean Senate commenced its discussion and approved in general the Bills submitted by the Executive (Bulletin No. 18,623-07) and through a Parliamentary Motion (Bulletin No. 18,060-07), which seek to amend the entry into force of Law No. 21,719 on Personal Data Protection.
- What proposals were put forward during the debate?
During the session, two alternatives were presented regarding the entry into force of the new legislation.
Por una parte, Karlfranz Koehler, Subsecretario de Economía y Empresas de Menor Tamaño, propuso postergar por 12 meses la entrada en vigencia de la ley en su conjunto, hasta el 1 de diciembre de 2027, pero permitir que la Agencia de Protección de Datos Personales comience a funcionar de inmediato. De esta manera, la Agencia podría dictar instructivos y acompañar a las organizaciones en su proceso de adaptación, con especial atención a la capacidad operativa de las micro, pequeñas y medianas empresas (MiPymes).
On the other hand, Felipe Harboe, former Senator who was specially invited to the session, proposed a phased postponement that would maintain the entry into force of the rights and substantive provisions as of December 1, 2026, while postponing the Agency’s supervisory and sanctioning powers for 12 months. He argued that postponing the law in its entirety would create legal uncertainty and significant gaps in personal data protection, including the lack of safeguards for sensitive biological and genetic data under the current regulatory framework. He also warned of the potential impact on Chile’s position regarding international transfers of personal data.
- What was the outcome of the vote and what are the next legislative steps?
The Committee unanimously approved the general legislative proposal, with five votes in favor and none against.
It was also announced that the bill will be subject to immediate discussion, which will accelerate its legislative process. During the same week, the Committee may proceed with the detailed discussion and vote on the text, while parliamentary advisers and the Government work jointly on amendments concerning the law’s entry-into-force regime and the appointment of the Agency.
- Why is this relevant for companies?
The general approval of the bill opens the possibility of postponing the entry into force of Law No. 21,719, either in its entirety until December 2027 or on a phased basis, postponing only the Agency’s supervisory and sanctioning powers.
However, any postponement should not result in organizations putting their compliance processes on hold. Companies should continue advancing their assessments, processing activity inventories and Infringement Prevention Models, using this period to anticipate the new requirements and, where appropriate, incorporate the criteria that may be issued by the Agency.
If enacted, the postponement should be viewed as an opportunity to strengthen compliance, rather than delay it.
For additional information on this matter, please contact Macarena Naranjo (mnaranjo@jdf.cl) or Consuelo Santana (csantana@jdf.cl).
