Ingresar
New Contractual Obligation: Inclusion of Personal Data Protection Clauses
By Pedro Córdova Balda, María Paula Arellano, Gabriela Holguín, Robalino
The Superintendence for the Protection of Personal Data has issued Regulation No. SPDP-SPD-2025-0006-R, establishing the mandatory inclusion of personal data protection clauses in contracts executed within the territory of the Republic of Ecuador. The regulation includes annexed model clauses applicable to the following scenarios:
-Controller and data subject
-Controller and processor
-Controller and recipient
-Joint controllers
Although the inclusion of personal data protection clauses in contracts is mandatory, the published model clauses are for reference purposes only and are not legally binding. However, they provide a minimum standard to ensure compliance with all principles and provisions set forth in the Personal Data Protection Act.
What key elements should a personal data protection clause generally contain?
-Lawful purposes for data processing
-Identification of controllers and/or processors
-Types of data collected
-Legal basis for processing
-Data transfers (where applicable)
-Data subject rights
-Data retention periods
-Security measures
Robalino
Robalino: Innovation and Excellence in Ecuador
Robalino stands out in the Ecuadorian legal advisory landscape as a pioneering firm in merging legal services with consulting. With a disruptive approach and a forward-thinking vision, the firm has quickly positioned itself as a strategic ally for businesses of all sizes and sectors, serving a broad range of clients, from startups to large multinational corporations.
What sets Robalino apart?
Continuous Innovation: Robalino goes beyond traditional legal services. Through continuous innovation, it explores areas typically outside the legal sector, such as social impact financial agreements and personal data protection from a technological standpoint, demonstrating adaptability in a changing world.
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Global Perspective: With strong expertise in international transactions, Robalino has established itself as a reference on the global stage, advising companies on operations beyond Ecuador’s borders.
Our Key Strengths
Protection of Intangible Assets: Robalino is the ideal partner for companies seeking to properly register and protect their trademarks, patents, industrial designs, and other intangible assets.
Strategic Advisory: Robalino offers a strategic approach, enabling clients to make informed decisions and optimize their operations from both a legal and business consulting perspective.
Innovation and Adaptation: The firm stays at the forefront of current trends, offering innovative solutions tailored to each client's specific needs.
Robalino provides exceptional advisory services. Its commitment to excellence, innovation, and client satisfaction has established it as a market leader in Ecuador. The firm is also recognized internationally.