Law 81
Protection of Personal Data
Law No. 81 of March 2019 on the Protection of Personal Data in Panama
When to comply, it is not an option. . .
What is the law?
In March 2019, Law No. 81 of 2019 was approved in Panama, which establishes the principles, rights, obligations and procedures that regulate the processing of personal data and comes into force in March 2021.
The Law applies to the personal data of nationals and foreigners whose databases are located in Panama or whose data controller is domiciled in the country.
Is the effort to comply with Law No. 81 high?
It is not easy, but if the project starts early, it is possible to be ready by March 2021.
Change of culture, elaboration of policies-procedures and awareness in the organization, are some of the necessary elements to comply with the Law.
Although many organizations assign this project to the area of information technology and/or security, doing so is the first mistake when trying to be in compliance with the Law.
The importance of the project lies in incorporating all the areas that give some type of treatment to personal data in the organization. In addition, incorporating lawyers with practical experience in Personal Data Protection is very important.
How is Panama in relation to compliance?
As of January 2021, three months after Law 8 came into force, the situation of organizations in Panama shows little progress in working to comply with it.
In December 2020 we carried out the second edition of the Survey “Data Privacy in Panama” The conclusions were:
- It is evident that most organizations in Panama will not be able to comply with Law 81 of 2019 when it comes into force in March 2021.
- Groups or people will flourish in Panama who, feeling affected by the way in which “x” organization protects their personal data, will initiate lawsuits in the judicial sphere with the aim of asserting their rights or obtaining some economic compensation.
- Internalizing the importance of complying with the Law, far beyond complying with the regulator, should be the tone, in all those involved and affected, indistinctly, that some sectors consider that the Law does not apply to them.
How can we help you at RISCCO?
Always keeping the best interests of our clients and friends in mind, when Law No. 81 was enacted, we realized that the success of our consulting services in compliance with the law, due to the legal implications, would require the addition of an attorney with practical experience in personal data protection projects.
At RISCCO, we have a reputation for technological risk, information security, systems auditing, and cybercrime investigations. However, that is not enough to help organizations comply with the Law.
At RISCCO we are pleased to have made an alliance with the Lawyer specializing in personal data protection, María Arias Pou.
María has a Doctorate in Law from the European University. Since 2019, María has been co-chair of the privacy chapter for Panama of the International Association of Privacy Professionals, IAPP. Additionally, she is currently serving as First Vice President of the Spanish Professional Privacy Association (APEP) for the 2019-2021 term.
María holds a Master’s degree in ICT Law from the Comillas Pontifical University. Graduated in Law from the University of Navarra. Fifth Vice President of the Spanish Professional Privacy Association (APEP).
SERVICES
Awareness talk on personal data protection and Law No. 81 of 2019
60-minute talk to the organization about what personal data protection consists of. The objective of this talk is to understand at a very high level the impact of personal data protection projects, why it is something much more encompassing than information technology and, in short, the implications of Law No. 81 of 2019.
Carrying out a "Gap Analysis" on the level of compliance with Law No. 81 of 2019 in the organization
This service seeks to identify the level of compliance that an organization has with respect to Law No. 81 of 2019. For this purpose, aspects of policies, processes, procedures, contracts, legal aspects and technical aspects will be validated, in accordance with the requirements of the Law. The result, in addition to showing the areas of non-compliance, will include recommendations to achieve compliance with the Law.
Accompaniment during the execution of the project
Once the organization has defined the different projects and subprojects to comply with the Law, we can accompany the organization in the Project Committee meetings or other meetings, to clarify possible doubts and questions about the best practical way to comply with the Law.
