Key Facts
Overview
Chile's Law 21.719 is a complete overhaul of the country's data protection framework, replacing the outdated 1999 law with a GDPR-aligned regime. A new dedicated Data Protection Agency will be operational by December 2026, with authority to issue cookie guidelines and enforce tiered penalties.
What This Means for Your Website
- Explicit, free, informed, and unambiguous consent is required — pre-ticked boxes are explicitly prohibited
- The new agency must issue specific cookie guidelines before enforcement begins
- Tiered penalties scale by severity, with revenue-based caps for large entities (2-4% of annual income)
- A Data Protection Officer must be appointed
- The law takes effect December 1, 2026 after a 24-month implementation period
Key Requirements
The new Agencia de Protección de Datos Personales will enforce tiered penalties from minor (5,000 UTM / ~$35K) to very serious (20,000 UTM / ~$1.55M), with a 2-4% revenue cap for large entities. Cookie guidelines, transfer rules, and impact assessment standards will be issued by the agency.
How ConsentStack Handles This
ConsentStack will apply Chile's new consent requirements when the law takes effect in December 2026, following the agency's cookie guidelines once issued.
Penalties
Minor: up to 5,000 UTM (~$35K). Serious: up to 10,000 UTM (~$387K). Very serious: up to 20,000 UTM (~$1.55M). Large entities: 2-4% of annual income.
Key Requirements
- Explicit, free, informed, unambiguous consent — pre-ticked boxes prohibited
- Appoint a Data Protection Officer
- Data Protection Impact Assessments for high-risk processing
- Data subject rights: access, rectification, deletion, portability, opposition
- Breach notification obligations
- Cross-border transfer safeguards
Notable Provisions
- Complete overhaul replacing 1999 law
- Creates new dedicated agency (operational December 2026)
- Pre-ticked boxes explicitly prohibited
- GDPR-aligned with tiered penalties
- Agency must issue cookie guidelines
Other Latin America & Caribbean Regulations
Frequently Asked Questions
When does Chile's new data protection law take effect?
December 1, 2026, after a 24-month implementation period from the December 2024 publication.
Does Chile's law address cookies specifically?
The new Data Protection Agency must issue specific cookie guidelines before enforcement begins. Pre-ticked consent boxes are explicitly prohibited.
What are the penalties under Chile's new law?
Tiered by severity: up to 5,000 UTM for minor, 10,000 UTM for serious, 20,000 UTM for very serious. Large entities face 2-4% of annual income.
Stay compliant with Chile Law 21.719
ConsentStack helps you implement Opt-in consent for Chile automatically.