Data Privacy in Peru: Considerations for foreign personal data controllers with no physical presence in the Peruvian territory.
As in the case of other Latin American and European jurisdictions, the scope of data protection rules in Peru has been designed to be circumscribed to a territorial scope based on a local establishment criterion, which creates obligations for data controllers before personal data subjects and the Peruvian National Authority for the Protection of Personal Data (hereinafter, the “ANPDP”). Notwithstanding this, reality is constantly testing the limits of the law’s scope and extending the applicability of this territorial principle to a broader span of particular scenarios. That occurs for instance, in the case of non-domiciled entities conducting digital businesses that target Peruvian users, which, under some circumstances, might end up being subject to Peruvian data privacy laws and regulations without having a physical presence in our country.
20 September 2023
