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Latin America


In the following Insight article, Gustavo Bethular and Sofia Grassi, from RCTZZ, examine the cybersecurity situation in Argentina, focusing on the rise in cybercrime. They highlight the impact of COVID-19, measures taken by companies and the public sector, prevalent cyberattacks trends, existing regulations, challenges in reporting and investigating cybercrimes, and the need for enhanced cybersecurity measures.

Whilst the Personal Data Protection Act, Act No. 25.326 (the Act) continues to be the main data protection legislation in Argentina, the Argentinian Government begun proposals for a new draft bill (the New Bill) on the protection of personal data in September 2022. In this Insight article, Florencia Rosati and Martín Beccar Varela, from Estudio Beccar Varela, provide an overview of the key provisions and considerations for organizations to ensure compliance if the bill is approved.

The Brazilian Federal Senate established a commission of legal experts ('the AI Commission') who were commissioned with the task of drafting an Artificial Intelligence Legal Framework ('AI Legal Framework').

In this Insight article, Fabio Ferreira Kujawski and Ingrid Soares, from Mattos Filho Advogados, summarise the main findings of the AI Commission that shall guide the discussions in the Brazilian Congress about an upcoming federal statute for AI systems, whilst also analysing existing laws and regulations that currently impact the use and development of AI systems in Brazil.

On 3 November 2022, the Official Information Center of Uruguay published Law No. 20075 of 20 October 2022 ('Law No. 20075/2022')1, which was enacted on the same day and which reforms the Uruguayan data protection system in place. Dr. Ana Brian Nougrères, Alejandra Saiz, Ignacio Martinez, and Magdalena Quintana, from Estudio Juridico Briann y Asociados, break down the changes introduced by Law No. 20075/2022, focussing on updated information provision obligations and new powers and functions of the Uruguayan data protection authority ('URCDP').

Over two years on from the Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD') entering into force, the regulatory framework for the enforcement of its provisions continues to take shape. Celina Bottino, Vinicius Padrão, and Celina Carvalho, from Rennó, Penteado, Sampaio Advogados, discuss recent developments in this area.

Both Brazil and Chile have existing data protection frameworks which have, in part, been influenced by the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Samara Schuch and Debora Batista Araújo, from Schuch & Araújo Specialized Law Firm, provide a comparison between the frameworks in both Brazil and Chile, and discuss the challenges and successes of both.

In this report, OneTrust DataGuidance and Baptista Luz Advogados provide a means of analyzing and comparing data protection requirements and recommendations under the General Data Protection Regulation (GDPR) and the Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (LGPD). 

The report, which was last updated in September 2022, examines and compares the scope, main definitions, legal bases, data controller and processor obligations, data subject rights, and enforcement capacities of the LGPD with the  GDPR. 

You can access the latest version of the report here.

Artificial intelligence ('AI') is undoubtedly one of the most pertinent subjects for data protection regulation, due in part to the huge quantities of personal data such technologies require to operate. Héctor E. Guzmán Rodríguez, Partner at Bello, Gallardo, Bonequi y García, S.C., discusses this topic with reference to the National Institute for Access to Information and Protection of Personal Data's ('INAI') guidance on the same.

The evolution of information technologies and the processing of large amounts of data, even more following the COVID-19 pandemic, has allowed the healthcare industry to develop multiple applications oriented to wellness and medicine on a global scale in the recent years. Mobile applications with tools for prevention, monitoring, diagnosis, and follow-up, for example, which promote changes in habits and energise the relationship between doctors and patients, are becoming more common. Gabriela Szlak, Partner at Lerman & Szlak, reviews the most relevant aspects of the industry applicable to the private sector.

Brazil is currently in the process of fleshing out its approach to regulating cookies, with more extensive guidance on the way. Celina Bottino, Vinicius Padrão, and Flávia Parra Cano, from Rennó, Penteado, Sampaio Advogados, discuss current developments in this area and the relevance of approaches taken in the EU on this matter.