In our digital era, the amount of data available reaches dimensions never seen before. In addition to the benefits and facilities that the use of new technologies implies in our day-to-day lives, these data constitute the substrate of a number of advances that are occurring globally, such as artificial intelligence or the monitoring and control of the Covid-19 pandemic. But at the same time, it implies new and special challenges regarding the adequate protection of the data, our personal information, and ultimately, private life and personal freedom.
Therefore, it is imperative to have an adequate legal framework that allows the generation of convergences between personal information and its use, and the technological development and the public interests.
In this regard, it should be noted that in our country a bill is currently being processed, and looks to regulate the protection and processing of personal data and create an Agency for the Protection of Personal Data, which will update Law 19.628 on protection of the private life that rules since 1999.
In this regard, today the European Commission adopted two sets of standard contractual clauses – one for controllers and processors, and another for the transfer of personal data to third countries – that reflect and guarantee a high level of protection of personal data, in accordance with the requirements of the General Data Protection Regulation (GDPR) of the European Union. See clauses here and the definition of Responsible or in charge of data processing.
These are standardized and pre-approved clauses on substantive and procedural data protection issues, which can be added to contractual agreements on a voluntary basis. This is an important tool for European companies, and in particular small and medium-sized companies, who know that when they use them, they comply with data protection requirements.
Nevertheless, its importance is not only limited to the countries in Europe. In the European Commission’s own words, these standard clauses are adopted at a time when various organizations and third countries are developing or have issued their own standard contractual clauses on the basis of convergent principles, and with whom they seek to intensify their cooperation to further facilitate data transfers between different regions of the world.
Catalina Wastavino, Fischer y Cía. associate