Ecuador

Substantial

Organic Law on the Protection of Personal Data (LOPDP) 2021

Authority: Superintendence of Personal Data Protection | Enforcement: Pending | Enacted: May 2023

Overview

Ecuador enacted its comprehensive data protection law in 2021, with a two-year implementation period ending May 2023. The LOPDP is GDPR-inspired and establishes a dedicated Superintendence. Full enforcement is ramping up.

14-Topic Coverage

Data Protection Authority

Pending Enforcement

Superintendence of Personal Data Protection established. Operational capacity building.

Data Subject Rights

Fully Addressed

Rights to access, rectification, deletion, opposition, portability, and suspension.

Cross-Border Transfer

Fully Addressed

Transfers to countries with adequate protection or with appropriate safeguards.

Breach Notification

Fully Addressed

Must notify Superintendence and affected individuals within 72 hours.

DPO Requirements

Fully Addressed

DPO required for public bodies and certain private sector organisations.

Children's Data

Fully Addressed

Enhanced protections. Parental consent for children under 15.

Penalties & Enforcement

Fully Addressed

Fines from 0.1% to 1% of annual revenue. Serious infringements up to 1%.

Sector-Specific Rules

Partially Addressed

SB financial data rules, health data regulations.

AI & Automated Decisions

Partially Addressed

Right to not be subject to solely automated decisions.

Data Localisation

Not Addressed

No general data localisation requirement.

Significant Data Fiduciary

Not Addressed

No equivalent concept.

Government Data

Fully Addressed

Law applies to both public and private sector.