Personal data protection law in Ecuador
Posted: Thu Dec 05, 2024 5:38 am
What is the Personal Data Protection Law in Ecuador?
The Organic Law on Personal Data Protection seeks to guarantee the right of Ecuadorian citizens to have their personal data protected, to be able to freely access said information and to decide on it. In this article we explain the most important aspects of this law in Ecuador.
Basic concepts you should know
It is important to understand some basic concepts before delving into the list of argentina whatsapp phone numbers personal data protection law in Ecuador. Here are four of them:
Personal data: all data that identifies or allows a natural person to be identified directly or indirectly.
Holder: any natural person whose data is subject to processing.
Processing: is the use of data of natural persons in any way, whether automated, semi-automated or non-automated.
Consent: is when the owner freely and informedly expresses authorization for his/her data to be processed by a controller.
What is the Personal Data Protection Act in Ecuador?
The Personal Data Protection Act in Ecuador was approved in May 2021 and the corrective measures and sanctioning regime will come into force as of May 2023. This law seeks to regulate, foresee and develop principles, rights, obligations and supervisory mechanisms.
Who must comply with the Personal Data Protection Act?
Any company or entity, whether public or private, domiciled in Ecuador that has and/or handles personal data must comply with this regulation. Companies domiciled in another country must also comply with it provided that the owners of the data are residing in Ecuador and/or due to the conditions mentioned above.
Data protection in Ecuador
Why is the consent of the owner important?
The consent of the data subject is necessary because the protection of personal data is a constitutional right, including access to and decision on the use of that information. The data subject could authorize an entity to offer personalized products and services, according to his or her lifestyle and needs.
Rights you have over your personal data
The personal data protection law in Ecuador also establishes a series of rights that you have over your personal data. Here are some of them:
Right to information
Right of access
Right to rectification and updating
Right to erasure
Right to object
Right of portability
Right to suspension of treatment
Right not to be subject to a decision based solely on automated assessments
Right to consultation
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Don't miss any tips!
Email address *
We don't spam! Read our privacy policy for more information.
What happened to our data before the Law?
It is important to note that before this law came into force, personal data was already protected by Article 66 of the Constitution of the Republic, in its paragraph 19. This recognized and guaranteed the right to the protection of personal data, which includes access to and decision-making regarding information and data of this nature, as well as its corresponding protection. The collection, archiving, processing, distribution or dissemination of this personal data required the authorization of the owner or the mandate of law.
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Implementation of the Personal Data Protection Act in Ecuador
In order to comply with the Personal Data Protection Act in Ecuador, companies and entities that handle personal data must implement appropriate technical and organizational measures to ensure the security and confidentiality of personal information. In addition, they must have a privacy notice that clearly and precisely informs about the treatment that will be given to personal data.
Among the measures to be implemented are:
The company is the Personal Data Controller: it coordinates and supervises compliance with the law in the company or entity.
Implement security policies and procedures: Measures must be put in place to protect personal data and prevent unauthorized disclosure.
Obtaining consent from data subjects: consent must be obtained from the data subjects in order to process their personal data.
Guaranteeing the rights of data subjects: data subjects have the right to access, rectify, update or delete their data, as well as to oppose the processing of such data.
Fines for non-compliance with the data protection law in Ecuador
Consequences of non-compliance with the Data Protection Act
The Personal Data Protection Act in Ecuador provides for sanctions for companies or entities that fail to comply with the regulations. The sanctions will be monetary in nature.
As of May 26, 2023, public or private entities may be fined up to 1% of their turnover for violating the Personal Data Protection Act.
In addition, the possibility is established for the holders of personal data to take legal action against companies or entities that have not adequately protected their data.
Contact us to help you implement the Personal Data Protection Law on your website .
In summary, the implementation of the Personal Data Protection Law in Ecuador is mandatory for all companies or entities that handle personal data, whether public or private, and aims to guarantee the right of Ecuadorian citizens to the protection of their personal data. Security and data protection measures must be implemented before May 2023, the date on which the sanctioning regime becomes mandatory.
Share this article!
The Organic Law on Personal Data Protection seeks to guarantee the right of Ecuadorian citizens to have their personal data protected, to be able to freely access said information and to decide on it. In this article we explain the most important aspects of this law in Ecuador.
Basic concepts you should know
It is important to understand some basic concepts before delving into the list of argentina whatsapp phone numbers personal data protection law in Ecuador. Here are four of them:
Personal data: all data that identifies or allows a natural person to be identified directly or indirectly.
Holder: any natural person whose data is subject to processing.
Processing: is the use of data of natural persons in any way, whether automated, semi-automated or non-automated.
Consent: is when the owner freely and informedly expresses authorization for his/her data to be processed by a controller.
What is the Personal Data Protection Act in Ecuador?
The Personal Data Protection Act in Ecuador was approved in May 2021 and the corrective measures and sanctioning regime will come into force as of May 2023. This law seeks to regulate, foresee and develop principles, rights, obligations and supervisory mechanisms.
Who must comply with the Personal Data Protection Act?
Any company or entity, whether public or private, domiciled in Ecuador that has and/or handles personal data must comply with this regulation. Companies domiciled in another country must also comply with it provided that the owners of the data are residing in Ecuador and/or due to the conditions mentioned above.
Data protection in Ecuador
Why is the consent of the owner important?
The consent of the data subject is necessary because the protection of personal data is a constitutional right, including access to and decision on the use of that information. The data subject could authorize an entity to offer personalized products and services, according to his or her lifestyle and needs.
Rights you have over your personal data
The personal data protection law in Ecuador also establishes a series of rights that you have over your personal data. Here are some of them:
Right to information
Right of access
Right to rectification and updating
Right to erasure
Right to object
Right of portability
Right to suspension of treatment
Right not to be subject to a decision based solely on automated assessments
Right to consultation
Join the newsletter
Don't miss any tips!
Email address *
We don't spam! Read our privacy policy for more information.
What happened to our data before the Law?
It is important to note that before this law came into force, personal data was already protected by Article 66 of the Constitution of the Republic, in its paragraph 19. This recognized and guaranteed the right to the protection of personal data, which includes access to and decision-making regarding information and data of this nature, as well as its corresponding protection. The collection, archiving, processing, distribution or dissemination of this personal data required the authorization of the owner or the mandate of law.
Transform your business with DIGIOFI
Are you ready to grow your business? At DIGIOFI, we are digital marketing experts and we are here to help you achieve your goals. From SEO strategies to social media advertising campaigns, we have everything you need to stand out in the digital world.
Request our services
Implementation of the Personal Data Protection Act in Ecuador
In order to comply with the Personal Data Protection Act in Ecuador, companies and entities that handle personal data must implement appropriate technical and organizational measures to ensure the security and confidentiality of personal information. In addition, they must have a privacy notice that clearly and precisely informs about the treatment that will be given to personal data.
Among the measures to be implemented are:
The company is the Personal Data Controller: it coordinates and supervises compliance with the law in the company or entity.
Implement security policies and procedures: Measures must be put in place to protect personal data and prevent unauthorized disclosure.
Obtaining consent from data subjects: consent must be obtained from the data subjects in order to process their personal data.
Guaranteeing the rights of data subjects: data subjects have the right to access, rectify, update or delete their data, as well as to oppose the processing of such data.
Fines for non-compliance with the data protection law in Ecuador
Consequences of non-compliance with the Data Protection Act
The Personal Data Protection Act in Ecuador provides for sanctions for companies or entities that fail to comply with the regulations. The sanctions will be monetary in nature.
As of May 26, 2023, public or private entities may be fined up to 1% of their turnover for violating the Personal Data Protection Act.
In addition, the possibility is established for the holders of personal data to take legal action against companies or entities that have not adequately protected their data.
Contact us to help you implement the Personal Data Protection Law on your website .
In summary, the implementation of the Personal Data Protection Law in Ecuador is mandatory for all companies or entities that handle personal data, whether public or private, and aims to guarantee the right of Ecuadorian citizens to the protection of their personal data. Security and data protection measures must be implemented before May 2023, the date on which the sanctioning regime becomes mandatory.
Share this article!