NEW LAW ON CYBERSECURITY IN CHILE

On March 26, 2024, Chile enacted the Cybersecurity and Critical Information Infrastructure Law. This is the first cybersecurity legislation for Latin America and is the result of extensive collaborative work between the public and private sectors and academia.

The new law establishes a robust regulatory framework for cybersecurity in Chile, which includes the creation of the National Cybersecurity Agency (ANCI), an autonomous body responsible for the inspection, surveillance and control of public and private entities that provide services with an impact on information security. The ANCI will have the power to sanction those entities that do not comply with the standards established by law.

The law also defines critical information infrastructure as those systems and services essential to the functioning of the country, such as financial, energy, health and transportation services. To protect this critical infrastructure, the law establishes a set of measures, such as the obligation of entities operating this infrastructure to implement appropriate security measures and to report any security incident to the ANCI.

The law creates a National Computer Security Incident Response Team (National CSIRT), which will be responsible for coordinating the response to security incidents at the national level. In addition, the law establishes the obligation of entities that provide information and communication services to report any security incident to the entity.

The enactment of the Cybersecurity and Critical Information Infrastructure Law represents a significant advance in the protection of information and critical infrastructure in Chile. This law will allow the country to be better prepared to face growing cyber threats and ensure the continuity of essential services for the country’s functioning.

Following its publication in the Official Gazette, the President of the Republic will have one year to issue regulatory decrees that regulate aspects such as determining the date for the start of ANCI activities. The implementation of this law is expected to contribute to strengthening Chile’s cybersecurity and positioning the country as a regional benchmark in this area. With more than 40 years of experience and the support of more than 500 satisfied clients, Fernández Lacort is here to offer you expert advice on any business or intellectual property related issue in the world.