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JDF conducts successful e-commerce webinar

16 Dic 2020

A successful webinar on e-commerce was held by Jara Del Favero Abogados. Jorge Tisné, a lawyer from the Information Technology, Media and Data Protection area, explained, among other things, the principles and applicable regulations that guide electronic contracting in our country, the preventive role of the supplier and the importance of Sernac. Along with the […]

The Law Today

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Spanish Data Protection Agency fines bank 6 million euros for infringement of the General Data Protection Regulation.

25 Ene 2021

In an interesting resolution, dated January 13, 2021, the Spanish Data Protection Agency or AEPD fined the entity Caixabank S.A. (hereinafter CaixaBank) with 6 million euros for infringement of the General Data Protection Regulation (GDPR), in particular for accrediting the violation of Articles 6, 12, 13 and 14 of the above mentioned legal body (procedure No. PS/00477/2019).

Regarding the infringements detected by the AEPD in the contractual changes implemented by CaixaBank to adapt its privacy policies to the RGPD, the agency fined 2 million euros for minor infringements (in relation to the violation of the principle of transparency regarding the information to be provided to users) and 4 million euros for a serious infringement (given the imprecision regarding the bases of legitimacy of the processing and, also, because the presentation of consent did not comply with the applicable regulations).

The sanctioning procedure took place as a result of the fact that, in 2018, a bank user filed a complaint with the AEPD, claiming that CaixaBank imposed on him the obligation to accept the new conditions regarding the protection of personal data, and in particular, regarding the transfer of his personal data to all the companies of the entity’s group. Furthermore, it argued that in order to cancel this transfer, it had to send a letter to each of the companies in the group, which it reported as excessive.

Although this resolution is not applicable in Chile, and its legal basis is the RGPD, it is of interest to know it, because in our country there is a bill that seeks to increase the standards of protection of personal data to a level similar to the European (bulletin 11144-07); matter that is currently regulated in Law No. 19.628 of 1999, on the Protection of Private Life.

The resolution under discussion contains interesting legal grounds that may be useful when the bill is enacted. It is especially relevant with respect to valid consent, the bases of legitimacy or lawfulness of data processing and the application of fines.

Regarding this last point, the bill so far provides for the classification of infringements as minor, serious and very serious. Minor offenses would be punishable with a written warning or a fine of 1 to 100 UTM, serious offenses with a fine of 101 to 5,000 UTM and very serious offenses with a fine of 5,001 to 10,000 UTM.

It should be noted that the bill is currently being discussed in the Senate, in the first Constitutional procedure.

Labor Department publishes ruling on the effects on the position of union leader at the time of registration of candidates for the Constitutional Convention.

21 Ene 2021

On January 11, 2021, the Labor Department published its statement No. 050/002, which pronounces on the effects that occur in the position of union leader, at the time of registering a candidacy for the Constitutional Convention. Specifically, this opinion states the following:

1. When a union leader registers a candidacy for the Constitutional Convention, his functions are suspended, but this does not imply the loss of union privileges.

2. The above mentioned suspension, in case of being elected, will last for the entire period of the Convention, and, in case of not being elected, the suspension will be maintained until the proclamation of the members of the Convention.

3. In the event that his union mandate ends after the end of his participation in the constitutional process, that leader shall return to his functions for the time remaining, maintaining his immunity for the aforementioned period and for up to 6 months of cessation in his position.

4. If the term of the union mandate ends during the period of candidacy to the Convention or during the exercise of the functions as a constituent, the union director will have a jurisdiction for 6 months from the moment he ceases to be a union leader.

5. It will be the union organization by means of the established in its statutes that will be able to determine the way to replace that leader registered to integrate the Constituent Convention.

6. If the suspension of the functions of the union director produces an impediment in the functioning of the board, a new complementary election must be held to give continuity to the functions of the board while the suspension of functions lasts.