The Lain American Lawyer: March 2018 Latam_March 2018 | Page 9

News
in regulatory rules to the rights
held by data owners, as well
as modifications to corporate
compliance policies.
“The new regulations will
consider only individuals as
owners of personal data, and not
companies, in contrast to the current
legislation,” he says.
The proposed changes to the
Argentina data privacy laws also
incorporate new obligations for
companies, Sánchez explains.
The draft bill includes notifying
security breaches to the authorities
and individuals, new information
requirements when gathering
personal data as well as the
obligation to evaluate the impact
of cases concerning the automatic
process of sensitive data. In addition,
the proposals also include the
hiring of a chief privacy officer and/
or the adhesion to self-regulation
mechanisms regarding holding
companies, he adds. Sánchez
also explains that one of the main
changes will be the elimination of
the current obligation to register
databases.
“The proposed law adopts the
criterion of the new European
legislation, implementing the
principle of proactive responsibility,
eliminating the need to register
databases, but companies must
maintain a register of their
data processing activities, and
implement diverse practices such
as internal and external auditing,”
Sánchez says.
The new regime would also
implement new regulations for
the international transfer of data
between companies within the same
corporation, making corporate
exchanges of information more
flexible, he adds.
In addition, it would introduce
new rights for data owners, such as
the right to be forgotten, and make
rules such as those concerning data
collection and sensitive data more
flexible, as well as allowing for
subcontracting in the collection of
data of third parties.
And asked whether it is unusual
for the country to adopt legislation
from another region, Sánchez says
Argentina has always sought to
imitate laws from other countries to
formulate its own, citing the former
civil code inspired by France’s
Napoleonic model.
“The law proposal is a clear
attempt to adopt best international
practices in data protection and
privacy,” he says.
News in brief
Norton Rose Fulbright
instructed on Colombian PR
company sale
Norton Rose Fulbright acted for
Colombia’s Newlink on the sale
of a 51% stake to SEC, the Italian
PR company.
Beccar Varela instructed on
wind energy project finance led
by Total Eren
Argenti na´s Beccar Varela and
CMS in Germany advised
Vientos Los Hércules, an
Argentinean wind farm project,
on obtaining a $167 million
loan. The international lenders
instructed Bruchou, Fernández
Madero & Lombardi in
Argentina and Watson Farley &
Williams in Germany.
Dentons lands in El Salvador
The legal giant bolted on local
law firm Rodriguez Molina
Abogados to launch an office in
San Salvador. The new outpost,
now part of Dentons Muñoz
Central America, is home to six
lawyers, including three partners.
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March 2018 • THE LATIN AMERICAN LAWYER •
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