Ministry of Economy Approves Standard Contractual Clauses for International Data Transfers

Today, the Ministry of Economy issued an Exempt Resolution approving the first Standard Contractual Clauses (SCCs) for the international transfer of personal data, in line with the recommendations of the implementation committee of the Personal Data Protection Law. These clauses, based on the models developed by the Ibero-American Data Protection Network (RIPD), now constitute the standard enabling mechanism for transfers to countries that have not yet been declared as providing an adequate level of protection. The clauses have been recognized by other data protection authorities in Latin America and therefore represent a regional standard.

1. Objectives of the new SCCs

The approved clauses aim to:

• Ensure a clear and operational transitional framework while the future Data Protection Agency becomes operational and subsequently ratifies them.
• Maintain the Chilean level of data protection when personal data is transferred abroad.
• Facilitate the continuity of cross-border digital services, such as cloud services, by reducing regulatory uncertainty for companies and global providers.
• Align Chile with international standards, particularly practices comparable to the GDPR and RIPD models.

2. Practical use

As from their approval, the SCCs must be used when:

• The recipient country has not been declared adequate by the Chilean authority.
• The controller or processor needs to support the transfer through sufficient contractual safeguards.
• There is a need to document clear obligations regarding security, liability, processing on behalf of another party, and the exercise of data subject rights.

The SCCs may be incorporated as:

• Annexes to service agreements.
• Addenda to existing contracts to regulate cross-border data flows.

3. Relevance for organizations

The approval of these SCCs represents a key milestone in the implementation of the new data protection law, as it:

• Prevents the disruption of international data flows during the period prior to the establishment of the Data Protection Agency.
• Allows companies to update their contractual documentation in advance, reducing the risk of sanctions once the law becomes fully enforceable.
• Harmonizes standards with the region and the European Union, strengthening Chile’s position in future adequacy recognition processes.

Provides immediate legal certainty to sectors highly dependent on global infrastructure and services (IT, telecommunications, banking, among others).

Conclusion

The adoption of these Standard Contractual Clauses marks the beginning of the operational phase of the international data transfer regime established under Law No. 21.719. Organizations should review their relationships with suppliers and related parties, incorporating the SCCs as an integral part of their contractual documentation. Early implementation will help ensure operational continuity, mitigate compliance risks, and prepare companies for the full enforceability of the regulatory framework as from December 2026.

---

CONTACT

Romina Garrido
Counsel
rgarrido@prieto.cl

Fernanda Carvajal
Associate
fcarvajal@prieto.cl

José Minoletti
Associate
jminoletti@prieto.cl

Josefina Navarrete
Associate
jnavarrete@prieto.cl