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Latest Developments in Chilean Laws and Regulations
In recent months, Chilean authorities have implemented several changes to the country’s laws and regulations, which may impact businesses operating in the region.
New Fraud and Bribery Laws Come into Effect
Two new laws approved between November 2018 and January 2019 aim to combat fraud and bribery in Chile. The new legislation expands existing criminal offenses related to fraud and bribery, increases penalties for those found guilty, and extends liability to legal entities.
- Companies operating in Chile should review their compliance programs to ensure they comply with the new regulations.
- A significant increase in corporate and white-collar crime enforcement is expected in the country.
Data Protection Bill Under Review
A bill amending Chile’s Data Protection Law (DPL) is currently being reviewed by Congress. If passed, the legislation will introduce significant changes to data privacy regulation in the country.
- The proposed changes include:
- Introduction of new grounds for processing personal data
- Creation of a data protection agency with oversight and sanctioning authority
- Regulations on international data transfers
- Companies that process personal data should be aware of these potential changes and consider updating their data protection policies and procedures accordingly.
Sexual Harassment Claims on the Rise
According to statistics from Chile’s Labor Board, sexual harassment claims filed in 2018 increased by 33%. This trend is likely to continue, with companies implementing preventive measures to avoid internal investigations into such claims.
- Businesses operating in Chile should review their policies and procedures to prevent sexual harassment and ensure compliance with labor laws.
New National Antitrust Prosecutor Appointed
In December 2018, a new National Antitrust Prosecutor was appointed, replacing the previous head of the Federal Economic Prosecutor’s Office (FNE). The appointment has raised questions about whether the new prosecutor will continue or vary his predecessor’s focus on anti-cartel and price-fixing cases.
- Companies operating in Chile’s competitive industries should be aware of these changes and consider reviewing their business practices to ensure compliance with antitrust laws.
Expert Insights
Marcos Ríos, Partner at Carey:
“Companies must review their compliance programs and policies to ensure they comply with the new regulations.”
Francisca Corti, Partner at Carey:
“Implementing preventive measures is key to avoiding internal investigations into such claims.”
Paulina Silva, Counsel at Carey:
“Companies processing personal data must consider updating their policies and procedures accordingly.”
Héctor Hernández, Associate at Carey:
“Companies operating in Chile should be aware of the new National Antitrust Prosecutor’s appointment and review their business practices to ensure compliance with antitrust laws.”