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Peru: Guide for international transfer of personal data approved

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In brief

On 24 October 2022, the National Authority for the Protection of Personal Data approved a Guide to the International Transfer of Personal Data (“Guide“).

According to articles 11 and 15 of Law No. 29733, Personal Data Protection Act, international transfer of personal data can only be carried out when a sufficient level of protection of personal data is guaranteed in the recipient country.
 

In Depth

An international transfer of personal data occurs when an entity (issuer) sends personal data whose processing is its responsibility to another entity (recipient) abroad; for example, when a Peruvian company transfers personal data to a company of its economic group located abroad or these are stored on servers located abroad.

Likewise, article 25 of the Personal Data Protection Law establishes that, in order to comply with the aforementioned guarantees, the entity issuing the personal data in Peru, when establishing a relationship with the receiving entities abroad, may use contractual or similar clauses that establish for the recipient at least the following:

  1. The same obligations to which the issuer is subject
  2. The conditions under which the owner of the personal data consented to the processing of their information

Through the Guide, model contractual clauses (CCM) for the international transfer of personal data are approved and can be voluntarily employed by local issuing entities to comply with the indicated guarantees, which will be subscribed by the receiving entity from abroad.

You can find the Guide here.

We hope that this information will be useful to your company. If you require legal advice on this issue, do not hesitate to contact us.

Click here to access the Spanish version.

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Author

Teresa Tovar leads the Antitrust and Competition, Compliance and TMT groups in the Firm's Lima office, where she has been partner since 2007. She is also currently a member of Baker McKenzie's Latin America Antitrust and Compliance Steering Committees.

Author

Crosbby is a senior associate and has more than nine years of experience in competition law, advertising and regulation, both in the private and public sectors, which allows having a holistic view of the difficulties of our clients. He has participated in the most important investigations and procedures in competition law in Peru. Different law firm rankings have highlighted his work in the field of competition law and telecommunications, due to his deep knowledge in the subjects. Crosbby also has knowledge in microeconomics, which allows him to have a multidisciplinary approach in competition law that is an advantage for our clients. He also has solid technical knowledge in the field of telecommunications. Crosbby is in charge of legal counselling in competition matters, advertising regulation, consumer protection, telecommunications and data protection. In the same way, he is in charge of the defense of our clients in different proceedings before INDECOPI and OSIPTEL.

Author

Viviana is a senior associate and has extensive experience in competition law, with experience in advising companies on matters related with the application of the antitrust law, unfair competition law, and consumer protection law. Viviana has participated in several administrative procedures before the Free Competition Commission, the Unfair Competition Commission, the Consumer Protection Commission, and the Elimination of Bureaucratic Barriers Commission and before the Competition Court of the National Institute of Competition Defense and Protection of Industrial Property (INDECOPI). Viviana also has experience in data privacy matters, having advised several companies on their implementation to such legal framework.

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