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Latin America is in the summer spotlight with the hosting of the International Olympic Games in Brazil and the 100th anniversary of the Copa América futbol tournament, making this a timely moment to take stock of where data privacy regimes stand in Latin America.

Powered by new education initiatives and increased investment in telecom network infrastructure, Internet usage in Latin America is burgeoning. Public-private partnerships, evolving finance laws, and an explosion in mobile broadband adoption has led to an environment in which, since 2008, Internet usage has more than doubled. Observers estimate that sixty percent of Latin Americans will have Internet access in 2016.

However, before an organization seeks to establish its presence in Latin America, it would do well to recognize that the vast region is not a monolith. On the contrary, the region is comprised of a multiplicity of languages, cultures and privacy laws. Given the absence of any omnibus regional law or EU-like set of directives, companies must assess their business models and data monetization strategies in the context of each country’s framework.

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The July TRUSTe Client Advisory Note was prepared by Darren Abernethy J.D., CIPP/US, CIPM, Privacy Solutions Manager at TRUSTe, and provides an overview of some of the key privacy themes and differences across the region for enterprises considering their involvement in these developing markets.

Key themes and requirements covered in the Advisory include:

  • Data Protection Authority (DPA) registration requirements
  • Adequacy and cross-border data transfers
  • Recent DPA enforcement actions
  • Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules
  • Data security & data breach notification requirements
  • Appointment of a Data Protection Officer (DPO)
  • The “Right To Be Forgotten” (RTBF)

The Advisory also includes a list of key takeaways for companies seeking to comply with Latin American privacy requirements.

If you would like a copy of this latest Client Advisory Note then look out for your copy via e-mail today or contact TRUSTe at 1-888-878-7830.


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