On September 6, 2024, the Superintendency of Personal Data Protection of Ecuador (“Superintendency”) issued its first guide on the registration of special representatives. This regulation requires foreign data controllers and processors that are not based in Ecuador to appoint a special representative domiciled in the country, when they meet the following conditions:
- They offer goods or services to residents in Ecuador.
- They participate in the personal data protection system or.
- They monitor the behavior of individuals within Ecuadorian territory.
This representative, whether a natural or legal person, will act on behalf of foreign data controllers or processors before judicial and administrative bodies related to personal data protection. In the case of a natural person, the representative must be Ecuadorian or a foreigner with legal residency. If a legal entity is appointed, its corporate purpose must include the capacity to act as an agent.
With this measure, the Superintendency of Ecuador sets a key precedent in its mission to strengthen the compliance and regulatory framework for personal data protection in Ecuador, solidifying its role as a regulatory authority.
