Understanding the legal framework of data protection is essential for your email marketing strategy. Each country has its own rules, but many share common fundamentals: consent, transparency, rights of the owner and penalties for non-compliance.
Chile
Law No. 21,719 was published on December 13, 2024 and will enter into force on December 1, 2026.
It creates the Personal Data Protection Agency, establishes express consent, regulates new categories, such as biometric data or data of minors, and clearly distinguishes between data controllers and data processors. It also defines a catalog of infractions with fines of up to 20,000 Unidades Tributarias Mensuales (Monthly Tax Units).
As an email marketer, it is essential that you ensure that you obtain proper consents, classify sensitive categories and document any potential violations.
To know all the details of the law, access the complete Chilean regulations.
2. Spain and the European Union (GDPR)
The GDPR was adopted in April 2016, entered into force on May 25, 2018 and is directly applicable without the need for transposition.
It requires active consent, includes rights such as access, rectification, forgetting and portability, imposes the obligation to notify breaches within 72 hours, demands documentation of processes and, in certain cases, the appointment of a data protection officer.
You should take special care to automate consent records, manage user rights and review security policies on an ongoing basis.
To review the regulations in detail, consult GDPR regulations
3. Peru
Law No. 29733 was enacted on June 21, 2011 and published on July 3, 2011.
Its new regulations, approved by Supreme Decree No. 016-2024-JUS on November 30, 2024 and entered into force on March 30, 2025. It requires informed consent, portability, secure database management, incident notification and the designation of a data protection officer.
In your work with email marketing you must pay attention to ensure that the initial contact is legitimate, handle the owner's requests properly and maintain a secure and clear infrastructure.
All provisions can be found in the complete Peruvian regulations.
4. Colombia
Law 1581 was sanctioned on October 17, 2012 and regulates the processing of data by public and private entities, inside or outside the country when it affects Colombian citizens.
It recognizes principles such as transparency, purpose and security, establishes ARCO rights and provides for sanctions. In Colombia, the ARCO rights refer to the Access, Rectification, Cancellation and Opposition Rights that any holder of personal data has against whoever collects and processes it. These rights are enshrined in the Law 1581 of 2012which regulates the processing of personal data.
As a professional in charge of email campaigns, it is crucial that you implement clear unsubscribe mechanisms, handle requests quickly and avoid unauthorized sending.
You can read the full text here: complete Colombian law.
5. Ecuador
The Organic Law on Personal Data Protection was published on May 26, 2021 and its general regulation was supplemented in November 2023. This regulation applies to all data processing, requires impact assessments when the processing is automatic or sensitive, requires the registration of databases and supervision by an authority.
You must ensure that all bases are properly registered, apply impact evaluations and have clear technical and organizational policies.
You can read the full text here: complete Ecuadorian law.
Conclusion
Although data protection laws vary, they all seek to guarantee consent, data owner rights, transparency and security. In Chile and Peru, the focus is on new requirements and supervisory agencies; in Spain/EU, on broad rights and structural obligations; in Colombia, on sound principles and responsible management; and in Ecuador, on evaluation, registration and control.
If you need a platform that makes it easy for you to comply with these standards and design secure campaigns, MasterBase® is the ideal solution. With more than 20 years of experience in multiple countries, it offers you all the necessary tools to make your email marketing campaigns legally compliant, reliable and effective.
