Chile’s new data protection law puts pressure on fruit exporters and packers

Chile’s agricultural sector is facing a new regulatory challenge as Law 21.719 on personal data protection prepares to come into force on December 1, 2026.

The law will affect farms, fruit exporters, packing houses, contractors and service providers that handle personal information from workers, suppliers, clients and production processes. For the fruit industry, this means data management will become part of daily compliance, alongside food safety, traceability, labour standards and export requirements.

Seasonal labour in focus

The change is especially important for companies that manage large volumes of seasonal labour. During harvest and packing peaks, businesses may collect and store identity documents, contracts, payment details, bank information, attendance records, health-related files and other sensitive data from hundreds or even thousands of workers.

Data needs stronger control

Much of this information often moves between spreadsheets, emails, cloud folders, HR platforms, packing software, mobile apps and external service providers. Under the new law, companies will need stronger controls over how this data is collected, stored, shared and protected.

What companies must prove

Law 21.719 introduces principles such as legality, purpose, proportionality, security, transparency, confidentiality and accountability. In practice, agricultural businesses will need to prove that they know what data they hold, why they use it, who can access it and how it is protected from leaks, loss, fraud or unauthorized use.

Breach reporting

The regulation also creates obligations around security incidents. If a data breach creates a reasonable risk for people’s rights or freedoms, companies may have to report it to the new Personal Data Protection Agency. In cases involving sensitive, financial, banking or commercial data, affected people may also need to be informed.

Possible penalties

Penalties can include warnings, corrective measures and fines. In the most serious cases, fines may reach 20,000 UTM, with higher exposure for repeat offences.

Why it matters for exporters

For fruit exporters, the issue goes beyond technology. A leak of worker records, payroll files, health data or contractor information could damage trust with employees, certification bodies and buyers in demanding markets such as Europe and the United States.

What to prepare

Companies are now expected to review their internal processes before the deadline. Key steps include mapping what data is collected, identifying where it is stored, limiting access, reviewing contracts with third-party providers, creating incident-response protocols, backing up information and training both office and field teams.

Compliance becomes daily work

The new law turns data protection into a practical business requirement for Chile’s agro-export sector. For companies that depend on seasonal workers, contractors, certification and international buyers, organizing data will no longer be optional. It will become part of staying compliant, reliable and competitive.

source: frutasdechile.cl