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Data Protection Regulations in Peru

Peru has implemented various regulations to protect personal data, ensure transparency in electronic marketing, and safeguard online privacy. Here are some key takeaways on the country’s data protection laws.

Data Protection

The National Data Protection Authority (NDPA) is the primary regulatory body for data protection in Peru. The Personal Data Protection Law (PDPL) sets out rules for the collection, processing, and transfer of personal data.

Fines for Breaching Data Protection Standards

Fines for breaching data protection standards vary depending on the nature or magnitude of the offense:

  • Minor infringement: S/ 2,575 to S/ 25,750 (approximately USD 700 to USD 7,000)
  • Severe infringements: S/ 25,750,000 to S/ 257,500 (approximately USD 7,000 to USD 70,000)
  • Very severe infringements: S/ 257,500 to S/ 515,000 (approximately USD 70,000 to USD 140,000)

Electronic Marketing

The PDPL does not expressly regulate electronic marketing. However, electronic marketing activities are subject to the PDPL if personal data is processed as a result.

Consent for electronic marketing must be obtained through accessible and identifiable privacy policies with clear consent language and mechanisms.

Online Privacy

The PDPL does not expressly regulate online privacy, including cookies and location data. Personal data collected and processed using these mechanisms must comply with data protection laws.

Data subjects’ consent is required before using cookies and/or location data.

Additional Regulations

  • A bill has been proposed to modify the Consumer Protection Code Law N° 29571, which would require consumers to grant explicit consent for marketing purposes before receiving advertising messages.
  • Legislative Decree N° 1182 allows the National Police of Peru to access mobile phone or electronic device location data in cases of flagrante delicto.

Please note that these regulations are subject to change and may not be exhaustive. It’s essential to consult with local experts or authorities for the most up-to-date information on data protection, electronic marketing, and online privacy regulations in Peru.