GDPR in LatAm: Corporate Concerns in Dealing With (Applicable?) Foreign Law presented at GlobalPrivacySummit 2019

by Juanita Acosta, Pablo Palazzi, Dirceu Santa Rosa, Paulina Silva,

Summary : Latin American privacy regulations in Argentina, Brazil, Chile and Colombia have different levels of maturity, and have dealt with the GDPR's extra-territoriality in varied ways. Although the GDPR deems itself applicable to scenarios of extra-territorial processing and to foreign controllers, each country's legislation and application of private international law—and therefore the actual jurisdictional options of enforcement for data subjects—may very well clash with the GDPR’s jurisdiction rules. The GDPR coming into force was all over the news in all corners of South America. What has happened in the months after the hype? Have LatAm companies changed their practices to comply with foreign law, and if so, what has been the main driver for that switch? Has the GDPR influenced the drafts of the bills under discussion or of the new legislations?What you’ll take away:Critical analysis of the impact of the long arm of the GDPR for companies based in Latin AmericaPractical implications of the obstacles on the enforcement of GDPR in LatAmThe GDPR as a standard to the new privacy regulation in Latin America