Why Data Privacy Compliance Matters in Ecuador
Ecuador’s Ley Orgánica de Protección de Datos Personales entered into effect in May 2023, and many organizations are still working to implement the required changes. The law is comprehensive, and compliance can be challenging—especially as new guidance continues to emerge.
The Superintendence for the Protection of Personal Data has been issuing resolutions to clarify expectations, but these have also introduced new obligations for companies. For example, recent resolutions cover the professionalization of privacy officers and detailed requirements for risk management and privacy impact assessments.
Enforcement is still developing. While the Superintendence exists in theory, it is not yet fully funded or staffed, and there are relatively few local professionals with deep expertise in data protection. That said, the law is already in effect, and companies are expected to comply. Organizations that wait until enforcement is fully resourced could face significant risks and penalties if they fall behind.
For businesses operating in Ecuador, this makes privacy compliance urgent. Companies must act now to prepare, implement policies, and create processes that will withstand scrutiny as enforcement mechanisms strengthen in the years ahead.
About Ecuador's Law
The Ley Orgánica de Protección de Datos Personales sets a comprehensive framework for handling personal data. Some of the most important requirements include:
-
Legal Basis for Processing: Controllers must obtain express and informed consent before processing personal data. Consent is also required for website cookies. Children under 15 require guardian consent. Certain exceptions exist, but consent is the primary legal basis.
-
Privacy Principles: Data must be processed in line with lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, retention limits, security, accountability, and confidentiality.
-
Data Protection Officer (DPO): Appointment of a data protection delegate is mandatory for organizations processing sensitive data or large volumes of information.
-
Cross-Border Data Transfers: Allowed, but must meet adequacy standards, include contractual safeguards, or be based on explicit consent.
-
Data Subject Rights: Individuals have the right to access, rectify, delete, object to processing, request portability, and avoid automated decision-making without human involvement. Organizations must respond within 20 business days.
-
High-Risk Processing: Data Protection Impact Assessments (DPIAs) are mandatory for activities like profiling or handling sensitive data.
-
Data Breach Reporting: Controllers and processors must notify both the Superintendence and affected individuals when a breach occurs.
-
Documentation: Organizations must maintain a registry of data processing activities, implement a privacy program, and ensure contracts involving personal data include protection clauses.
Scope of application: The law applies to any entity processing the personal data of Ecuadorian residents—whether inside or outside Ecuador—if they offer goods or services to Ecuadorian residents, monitor their behavior, or are otherwise subject to Ecuadorian law by contract or treaty.
Enforcement date: May 2023.
How Our Data Privacy Consulting Services Help You Comply in Ecuador
Privacy Programs
We design and implement comprehensive privacy frameworks tailored to your organization.
Consent Strategies:
We guide you on how to obtain and manage express, informed consent—whether for website cookies or sensitive data collection.
Data Subject Rights Processes
We help set up workflows to respond to access, deletion, correction, portability, and objection requests within the required 20 business days.
Registers & Documentation
We create templates for your activity registries, contracts, and privacy notices so your obligations are documented and defensible.
At Oso, we help organizations cut through the complexity of Ecuador’s privacy law and build programs that work in practice. Our services are designed to align your data processing with the law’s principles while being realistic for your business operations.
Training & Support
We train your staff on data protection responsibilities. We can also act as your outsourced DPO, or support your appointed delegate with the resources and knowledge they need.
Contracts & Third-Party Management
We ensure the right clauses are in place when working with vendors and partners who handle data on your behalf.
Our Approach & Process
Our approach starts with listening to your business needs. Every company has different risks and goals, so we adapt the process to your situation.
-
If you already have a privacy program: We review your existing framework, identify where it falls short of Ecuador’s requirements, and provide a prioritized roadmap for improvements. We then help design strategies, update documents, and implement changes.
-
If you don’t yet have a program: We run a full gap analysis to determine which requirements apply to you, then create a step-by-step plan to get compliant. This includes building policies, designing processes, and training your team.
-
If you only need specific deliverables: Even for something like a privacy policy or website notice, we take time to understand your data flows and practices so the document reflects your real-world operations.
Our goal is always the same: help you achieve compliance with Ecuador’s law in a way that is sustainable, practical, and suited to your resources.
Why Choose Oso for Data Privacy Consulting in Ecuador
At Oso, we know compliance isn’t one-size-fits-all. Every organization has its own structure, risks, and priorities, and our work is built around that reality. Instead of generic templates, we create solutions tailored to your operations and industry.
We are also fully bilingual, supporting teams in both English and Spanish, which is critical for companies in Ecuador that serve diverse clients or have international partners. Our consultants bring real experience working with Ecuadorian organizations as they navigate Ley Orgánica requirements.
That means we understand both the letter of the law and the practical challenges of putting it into action. With Oso, you get a partner that makes compliance straightforward, sustainable, and effective.
Common Questions (FAQ)
What are the penalties for non-compliance?
For the public sector, fines can range from 1 to 20 minimum legal wages (approximately $450 to $9,000 USD). For private companies or state-owned enterprises, penalties are tied to turnover—minor violations range from 0.1% to 0.7% of annual revenue, while serious violations range from 0.7% to 1%. The Superintendence applies these based on proportionality.
Is appointing a Data Protection Officer (DPO) required?
Yes, in specific cases. Public sector organizations, companies carrying out large-scale systematic monitoring, and organizations processing sensitive data on a large scale are required to appoint a DPO.
How long do I have to respond to data subject requests?
Organizations must respond within 20 business days. This applies to rights such as access, deletion, rectification, portability, and objection.
Can I transfer data outside of Ecuador?
Yes, but only if the destination country has adequate protections, you use contractual safeguards, or you obtain explicit consent from the data subject.
What happens if a data breach occurs?
Both controllers and processors must notify the Superintendence and the affected individuals promptly, following the law’s specific reporting requirements.
CONTACT
Let’s Get Started – Schedule a Free Consultation
Fill out our form and we’ll respond within 48 hours to arrange a consultation tailored to your Ecuadorian compliance needs.