Chile Looks to Brazil’s LGPD After TikTok Fine

Brazil returned to the center of the regional data protection debate after the National Data Protection Authority fined TikTok 153.7 million reais under enforcement of the LGPD. In Chile, that precedent is being used as a reference for Law 21.719, the creation of the Personal Data Protection Agency, and a more active oversight scenario for companies and platforms.

Why is Brazil being used as a reference for Chile?

Brazil is being used as a reference because the LGPD has been in force since 2020 and the ANPD has already begun issuing sanctions, including a first significant fine against TikTok in July 2023, according to the research material. Different Chilean media outlets and consultancies are taking that experience as an example of the shift from a law on the books to real enforcement.

That reading appears in several analyses published in Chile. Poder y Liderazgo mentions it while explaining the new Law No. 21.719, Forbes Chile uses it to anticipate the future supervision framework, and Grupo Cygnus cites it as one of the models that drove the update to Chile’s legal framework. SONDA also includes it when describing a complete data processing chain that the future local authority will monitor.

What are they taking from the Brazilian experience?

They are drawing from both the sanctioning regime and the compliance guidance and supervision approach used by the ANPD. Portal Innova said 72% of companies in Chile report that they are not prepared to comply with the data protection law, and compared Chile’s planned sanctions with the fines imposed in Brazil.

Revista Emprende also noted that the Brazilian framework has become a regulatory benchmark for Chilean firms, which are using the amounts of the fines and the risk criteria published in Brazil to build risk maps and prioritize investments in data governance and incident response. Estamos en Línea added that, even if there is a possible delay, consultancies and compliance teams are still moving ahead with the LGPD as a regional case study to estimate the financial impact of possible noncompliance.

What changes with Law 21.719 in Chile?

Law 21.719 creates the Personal Data Protection Agency and pushes companies to implement security measures, incident protocols, and obligations for recordkeeping and responses to data subjects, several of them inspired by Europe’s GDPR and Brazil’s LGPD. AHD states this explicitly when describing the new compliance requirements.

Anguita Osorio added that the Infringement Prevention Model, linked to DS 662, allows companies to prevent violations, reduce fines, and demonstrate data governance before Chile’s future agency. The consultancy presents it as a voluntary program inspired by international compliance best practices, with the LGPD and ANPD enforcement experience serving as practical references for showing diligence in the face of potential sanctions.

What did the Chilean market say about preparedness?

The market appears under strain because of the low level of readiness shown by companies. Portal Innova reported that 72% say they are not ready to comply with the law, while Forbes Chile and Poder y Liderazgo stress that the debate over a delay does not remove the need to move ahead with internal controls, data governance, and process adjustments.

Publimetro Chile said the official reason for postponing the effective date is that the Personal Data Protection Agency has not yet been set up. In that context, experts quoted by that outlet urged companies to use the extra year to examine the ANPD’s guidance and enforcement actions under the LGPD in detail, since Brazil is already at a more mature stage of enforcement and offers clues about regulatory priorities, exposed sectors, and the types of conduct that get penalized.