I.- Legal news

1.- General Regulations of the Organic Law on Data Protection Personal.

Source: Third Supplement of the Official Registry. No. 435

Date: November 13, 2023

The General Regulations of the Organic Law on the Protection of Personal Data, established by Decree No. 904 by the Presidency of the Republic, constitutes a comprehensive regulatory framework that seeks to safeguard the rights of holders of personal data in Ecuador.

This regulation applies to all natural and legal persons, both national and foreign, in the public and private sectors, who process personal data in Ecuadorian territory or abroad.

Among its provisions, the obligation to have a representative in Ecuador for those responsible and in charge of processing data of Ecuadorian residents outside the country stands out, as well as the definition of terms related to the processing of personal data and requirements for the collection and revocation of consent of the data owner.

In addition, it addresses specific aspects such as the notification of data security breaches, the impact assessment of data processing, the obligations of the data controller, the responsibilities and obligations of the data processor, the functions and requirements of the protection delegate. of data, and the measures to guarantee the processing of data in accordance with the regulations.

We invite you to review the full text of this regulation.

Click to read the complete regulations.

2.- General rules applicable to the control of the employer’s obligations and inspection procedures.

Source: Ministerial Agreement No. MDT-2023-140

Date: November 14, 2023

The Ministry of Labor, in the exercise of its regulatory and control powers, has issued Ministerial Agreement No. MDT-2023-140, which establishes fundamental provisions in the field of labor inspections, sanctions and fines. Below, we highlight the most relevant aspects of Title III related to labor inspections.

The Ministry of Labor assumes the responsibility of ensuring compliance with legal provisions concerning working conditions and the protection of workers in the exercise of their activities. This control will be carried out through inspections, which are classified as focused and comprehensive.

The purpose of the focused inspection is to verify compliance with one or more specific labor rights. Among the aspects included are the labor rights of sectors or groups of priority attention, such as child labor, labor inclusion of people with disabilities, labor rights of foreigners, youth work, contracting compliance in the Amazon region, and others that the authority competent authority deems applicable.

The comprehensive inspection seeks to verify compliance with labor rights in their entirety. This implies compliance with the rights provided for in the Labor Code and related regulations.

Inspections, both focused and comprehensive, may be carried out in two ways:

Electronic Inspections:

• They are carried out through the use of electronic means.
• The electronic notification is made to the employer through the email registered on the computer platform of the Ministry of Labor.
• In particular situations, the physical presentation of the legal representative or his delegate may be requested.

Field Inspections:

• They seek to physically verify, in the facilities of the employer’s workplace or workplace, compliance with labor rights.
• They involve a direct visit by the labor inspector to verify compliance with labor regulations.

It is necessary for employers to be aware of and comply with these provisions to avoid possible sanctions and fines.

Click to read the complete regulations.

II.- New article on our blog

The General Regulations of the Organic Law on Protection of Personal Data and its application in companies in the insurance sector

With the entry into force of the General Regulation of the Organic Law on the Protection of Personal Data, companies in the insurance sector of Ecuador find themselves with the unavoidable duty to adjust their operational and commercial processes to avoid falling into non-compliance or infractions to the recent regulations that have been issued regarding data protection. The application of the law goes beyond mere formalities, which is why they must have the participation of professionals in different disciplines to ensure that the information collected from their policyholders is duly protected.

Click to read the full article.

Contact information:

Abg. Miguel Ángel Saltos | Email: miguel.saltos@lince-saltos.com | Telephone: (+593 4) 2630313