Get to know the main guidelines of this new law that came into effect this year, putting Panama at the forefront of the topic in the region.

Since last March, a new regulation governing the treatment of personal data within the country has come into effect in Panama. This is the Law 81 on Personal Data Protection.

Whether you possess databases hosted within the national territory containing personal information of locals or foreigners, or if you are responsible for this type of data and reside in this country, you will need to adhere to the guidelines of this law.

From now on, any website hosted within this geographical area must have explicit authorization from the data owner, unless it falls under the exceptions provided by the law.

Not having the owner's authorization will be considered a serious violation of the law. This will result in significant penalties for the infringing party.

The law also encompasses those individuals involved in the management of such data, who are committed to maintaining strict confidentiality.

Websites must present to users and keep accessible their respective privacy policies and terms of service. This exposes both individuals and the general public to the mechanisms employed by the digital platform owner for processing the collected information.

Because of this, it is now the responsibility of all companies, big or small, as well as individuals, to make the necessary adjustments to their websites to comply with the new regulation.

Every time a user provides their personal data to a website in this country, such information cannot be transferred to third parties without the explicit consent of the data owner.

For a data transfer request to be effective, it is required to provide the person's data, the reason for the transfer, the identification of the new responsible party, the specific data to be transferred, proper notification to the owners, and the duration of use.

The party responsible for managing the data must create a record that will be accessible to the National Authority for Transparency and Access to Information for greater oversight.

This will help instill greater confidence in the country's internal digital processes and even stimulate the growth of the information industry.

Public networks and communication service providers must also do their part, ensuring the security of the information that flows through their channels.

The law imposes penalties on those who disregard it for the processing of personal data within Panama. These penalties range from 1,000 to 10,000 balboas, which will be detailed in the respective regulations.

Likewise, the data management responsible party may be required to pay compensation for financial or moral damages due to improper treatment. This will be determined by the Republic's courts upon demand.

It's important to consider this law as soon as possible, as the penalties could even lead to the suspension of storage activities, depending on the case.

Therefore, the recommendation is to conduct an analysis as soon as possible to begin making the necessary adjustments. And if any doubts arise, you can reach out to the new Directorate of Personal Data Protection of ANTAI, which can guide you on how to act in accordance with the novel regulations.

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