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Breaking News: Chile Enacts New Laws to Combat Fraud, Bribery, and Data Protection Violations

Strengthening Anti-Corruption Efforts and Protecting Personal Data

Santiago, Chile - In a bid to strengthen its anti-corruption efforts and protect personal data, Chile has enacted two new laws aimed at combating fraud, bribery, and data protection violations.

New Laws Aim to Combat Fraud and Bribery

The two new laws, approved between November 2018 and January 2019, introduce new criminal offenses for fraud and bribery-related crimes. These changes expand and increase penalties for existing offenses, as well as extend criminal liability to legal entities.

  • The new laws will lead to a substantial increase in corporate and white-collar crime enforcement in Chile.
  • Experts predict that the increased penalties and extended liability will have a significant impact on corporate compliance and crime prevention programs.

Data Protection Regulations Under Review

A bill amending Chile’s Data Protection Law (DPL) is currently being reviewed by Congress. If passed, the changes are expected to introduce significant updates to data privacy regulation, including:

  • The introduction of new grounds for processing personal data, such as legitimate interest or contractual obligations.
  • The creation of a data protection agency with oversight and sanctioning authority.
  • Regulation of international data transfers and related matters concerning data security.

Sexual Harassment Claims on the Rise

In 2018, sexual harassment claims filed with Chile’s Labor Board increased by 33%. While there is no public record of corporate internal investigations regarding sexual harassment claims, experts predict that this trend is likely to continue.

  • Companies are implementing preventive measures to avoid any misconduct that could trigger internal investigations.
  • The increasing number of sexual harassment claims highlights the need for companies to take proactive steps in preventing and addressing such incidents.

New Antitrust Prosecutor Takes the Helm

In December 2018, Chile appointed a new National Antitrust Prosecutor (head of the FNE) to lead its antitrust enforcement efforts. It remains to be seen whether this new authority will continue or vary his predecessor’s focus on anti-cartel and price-fixing cases.

  • Experts at Carey, a leading law firm in Chile, have been following these developments closely.
  • Partners Marcos Ríos, Francisca Corti, Paulina Silva, and Associate Héctor Hernández are available to provide insight and guidance on these changes and their implications for businesses operating in Chile.