Law 21.719 for healthcare & clinics · Chile

Law 21.719 in healthcare:
sensitive data,
maximum demands.

Medical records and health data are sensitive data: reinforced consent, impact assessments and traceability. We implement Law 21.719 in clinics and providers to be ready for December 2026.

No obligation · Reply within 24 business hours

Enforcement begins
days
hrs
min
sec
20k UTM maximum fine
3-6 Months to implement
100% Team based in Chile

Organizations that have trusted Alaya Digital Solutions

We support clinics, medical centers and healthcare providers in protecting sensitive data and complying with Law 21.719.

The law in 30 seconds

What you need
to know. Fast.

Enforcement begins

Dec 2026

The Data Protection Agency begins enforcement on December 1.

Who it applies to

Every
company

Public or private, large or SME. If you process personal data, you must comply.

Maximum fine

20k UTM

Over CLP 1.39 billion. For the most serious violations, also 4% of annual revenue.

What to do

Assessment

Know where you stand. Then: roadmap, implementation and ongoing support.

Law 21.719 in healthcare

Clinical data leaves no room
for partial compliance

In healthcare, nearly everything your institution records is sensitive data: diagnoses, treatments, test results, medical history. Law 21.719 holds this data to a higher standard, and a clinic manages it at scale, every day, through many hands. That is why compliance here is more demanding than in almost any other sector.

The medical record as critical core

The record concentrates diagnoses, test results, prescriptions and history: it is health data and therefore sensitive. Its value to third parties and the reputational impact of a leak make it the asset that demands the most care within your institution.

Patients who are children and adolescents

Treating minors adds a layer of reinforced protection to every test, referral and entry in their medical history. Handling their clinical data with the same caution as an adult's leaves exposed, precisely, the most vulnerable population within your institution.

Data that flows among many parties

Care involves sharing clinical information with insurers, providers, laboratories and the physicians a patient is referred to. Every handoff is a point where sensitive data can be exposed. Without clear rules on who accesses what, confidentiality dissolves along the chain of care.

Broad, rotating internal access

Physicians, nursing, admissions, billing and support staff all touch the patient record. The more people who access it, the greater the risk of misuse or a breach. The challenge is not only protecting outward, but controlling and logging who opens each record inside the clinic.

At AlayIAtrust we approach healthcare starting from its reality: a high volume of sensitive data, multiple points of access and a constant flow toward insurers, laboratories and providers. We map where each patient's data lives, who processes it and on what legal basis, with a focus on the medical record and the reinforced protection of children and adolescents.

Building on that diagnosis, we organize ARSOP rights so a patient can exercise them without friction, prepare your breach response and get your institution ready for the full enforcement that begins on December 1, 2026, led by the Personal Data Protection Agency. The goal is for clinical confidentiality to stop depending on goodwill and become a verifiable process.

What happens if you don't comply?

This isn't a law
that stays on paper.

The new Data Protection Agency investigates on complaint or on its own initiative. These are the most frequent scenarios in practice.

01

Your patients' medical records
are leaked.

"A device with records was left accessible; it's health data on hundreds of patients."

Consequence →

Health data is sensitive: maximum protection. A breach like this is a most-serious violation: up to 20,000 UTM or 4% of revenue + publication in the National Registry.

02

A patient asks for their record
and you don't respond in time.

"I asked for a copy of my record and tests weeks ago and still no response."

Consequence →

Access to health data must be resolved within the legal deadline. Failing the data subject right over sensitive data is a serious violation.

03

You process sensitive data without
reinforced consent.

"We use patients' data for reminders and campaigns, as always."

Consequence →

Health data requires specific consent and, often, an impact assessment (DPIA). Processing it without a reinforced basis exposes you to penalty.

Sanctions are published in the National Registry administered by the Agency. The reputational damage —hard to measure, impossible to reverse— often outweighs the financial one.

How do I get ready? →
The real case

"Prove to me that
Ms. Juanita Pérez
did give her consent."

Imagine that tomorrow the Agency requires you to prove that a specific customer authorized the use of their data. How long does it take your team to pull the evidence together?

Without a system: days digging through spreadsheets and folders. Risk of error and a penalty for failing to demonstrate compliance.

With AlayIAtrust: you search the name and the entire trail appears — consents, data subject requests, notice version, date and channel.

See how it works
Privacy Operations
Customer

Juanita Pérez González

RUT 12.345.678-9 · Customer since 2021
  • Marketing consent Granted · Web · Apr 12, 2024
    Channel
    Web form (checkout)
    Legal basis
    Express consent
    Text accepted
    Privacy notice v2.3
    Evidence
    Time-stamped record · hash a3f9…e21
  • Privacy notice v2.3 Accepted · Apr 12, 2024
    Version
    2.3 (current)
    Purposes
    Marketing and profiling
    Record
    IP 190.xx.xx.xx · Apr 12, 2024, 14:22
    Status
    Accepted by the data subject
  • Access request (data subject) Received · Mar 02, 2026 · Resolved in 8 days
    Type
    Right of access
    Legal deadline
    In business days
    Resolution
    8 days — within deadline
    Owner
    DPO · evidence attached
  • Partial revocation Email marketing · Apr 15, 2026
    Scope
    Email marketing only
    Effect
    Immediate removal from campaigns
    Channel
    Preference center
    Confirmation
    Sent to the data subject the same day
What we implement

Concrete compliance deliverables,
not just recommendations.

We implement Law 21.719 in healthcare providers and other sectors that process sensitive data in Chile. We combine over 20 years of experience in complex projects with our own methodology for diagnosis, prioritization, plan, execution and ongoing operation. These are the components we leave up and running inside your organization.

Data inventory & records

Records of processing activities (RoPA): which data you process, for what purpose and on what basis.

Lawful bases

We define and document the legal basis for every personal-data processing activity.

ARSOP rights management

Processes to handle access, rectification, erasure, objection and portability within deadline.

Breach notification

A procedure to detect, contain and notify incidents to the Agency and to data subjects.

Contracts with processors & third parties

Processing clauses and contracts (DPAs) with vendors and third parties that access data.

Impact assessments

Data protection impact assessments (DPIAs) for high-risk processing, when applicable.

Training & internal governance

Roles, internal policies and team training to sustain compliance over time.

Policies & documentation

Privacy notices, policies and evidence organized and ready for an audit.

Implementation methodology

Our own methodology:
5 stages, from diagnosis to ongoing operation.

Most organizations don't know what to do first or who should lead it. We hand you a clear roadmap from day one.

  1. 01

    Diagnosis

    30 minutes, no obligation. We assess processing activities, risks and gaps against Law 21.719.

    This week
  2. 02

    Gap prioritization

    We rank findings by regulatory risk and business impact.

    Focus
  3. 03

    Compliance plan

    A prioritized roadmap: what to do first, who on your team leads it and which solution fits.

    2 — 4 weeks
  4. 04

    Execution

    Legal and operational implementation plus technology enablement: contracts, policies, consents and training.

    1 — 6 months
  5. 05

    Ongoing operation

    Monitoring, internal audits and support in the event of an audit.

    Continuous
⚠ Important

Getting ready takes months,
not weeks.

An enterprise implementation takes 3 — 6 months; an SME solution, 1 — 4 months. It's best to start early so you're ready in time.

Initial assessment
Why AlayIAtrust

We don't sell software.
We take you to compliance.

We are not a startup selling a basic platform, nor a global consultancy operating from abroad. We work as your team in Chile — legal counsel, OneTrust technology and support throughout the process, in a single team and 100% on the ground.

⚖+</>

Legal & technology

Specialized lawyers + data engineers in a single team. Most firms sell you software only or consulting only — we take you to compliance.

CL

100% in Chile

A full team on the ground. We live the Chilean regulatory framework every day — we are no one's branch office.

20+

Years of experience

An Alaya Digital Solutions company, advising large organizations since 2005.

Complex projects

Experience in complex governance, security and digital transformation projects for leading clients in banking, retail, mining and the public sector.

AlayIAtrust solutions

Now for the
concrete path.

You already know the law, the risks and the way we work. These are the two implementation paths we offer. We help you choose the right one based on the size and maturity of your organization.

SME & mid-market

End-to-end SME solution

Fast implementation

Everything you need to comply with the law without the complexity of an enterprise solution. Simpler, faster, ready in a few months.

  • Consent management
  • Data subject rights with SLA
  • Records of processing
  • Implementation 1 — 4 months

For exporters, fisheries, distributors and construction firms.

Enterprise

Enterprise solution

World-leading technology

For organizations with large data volumes, multiple systems and the highest regulatory demands. A platform used by large organizations worldwide.

  • Full privacy platform
  • Privacy + Consent + Risk + Ethics
  • Specialized legal counsel
  • Continuous support

For banking, retail, holdings and multinationals.

Not sure which one is right for you? We'll figure it out together in 30 minutes, no obligation. Book an assessment →

Frequently asked questions

What clients ask us most.

Why does patient data require special care under Law 21.719?

Because health data is a sensitive category and the law holds it to a higher standard: greater security, traceability and more demanding legal bases for processing. In a clinic this multiplies, since almost all the information you handle (diagnoses, test results, records) falls into that category and moves among admissions, care, laboratory and billing.

We treat children and adolescents. Does that change our obligations?

Yes: processing minors' data requires reinforced protection and special care in how their clinical information is used and shared. We help your admissions, care and recordkeeping flows account for that requirement by design, not as a later patch once the minor's data is already in circulation.

We share information with insurers and other providers. How is that covered?

Every handoff of sensitive clinical data must rest on a legal basis that justifies it and on clear access rules. We review those referral, reimbursement and external testing flows so you know what information leaves, to whom and on what grounds, reducing the points where confidentiality could break down along the chain of care.

Which companies does the new law apply to?

To any natural or legal person, public or private, that processes personal data in Chile. It also applies to foreign companies that offer goods or services in the territory.

How much does the initial assessment cost?

The initial assessment carries no obligation. We schedule a 30-minute meeting, evaluate your situation and deliver a report with gaps and concrete recommendations.

How long does a full implementation take?

It depends on size and digital maturity. An SME solution is implemented in 1 to 4 months. An enterprise solution takes 3 to 6 months. That's why we recommend starting now.

Do you work with mid-sized companies or only large ones?

We work with both profiles. We have solutions designed specifically for SMEs and mid-market, and enterprise solutions for banking, retail and multinationals.

How are you different from other consultancies?

Three things: we are 100% on the ground in Chile, we combine legal counsel with technology in the same team, and we have 20 years of experience with clients in banking, retail, mining and the public sector.

Solutions by industry

Law 21.719,
for your sector.

Each sector processes different data and faces its own risks. See the approach for yours.

Overview SMEs Banking & finance Healthcare Retail Public sector Insurance Mining Telecom
Next step

Is your company ready
for December 2026?

Start with an assessment. In 30 minutes you'll know how far —or how close— you are to compliance.

We reply within 24 business hours · No obligation