The entry into force of Law 787 "Law on Personal Protection Data" (LPDP) in March 2012, requires to all natural and legal persons to collect and store personal data in the public or private sector a series of obligations and procedures to ensure the proper use and protection of them. Therefore, all companies must implement security measures – legal and technical – that guarantee the right to privacy of people with whom they have a business, contractual or work relationship.
In particular, Article 8 of the LPDP establishes among the categories of personal data protected by this Law, commercial personal data which are constituted by "the databases of customers, suppliers and human resources, for publicity purposes and any other data that are considered commercial or business information reserved primarily for the free exercise of their economic activities".
The violations of the LPDP are divided into minor infractions and serious infractions and the penalties of the same can be both administrative and judicial. Both types of infractions cause damage to the company that violates the law. Some administrative sanctions are:
- • Warning
- • Suspension of operations related to the processing of personal data
- • Closing or cancellation of personal data files (ARCHIVES) temporarily or permanently.
As we can see, any of the sanctions interrupts the normal development of a company's activities which will cause significant losses in income, expenses for legal services, expenses for damages caused to the claimant. This will obviously generate losses which can be avoided if there is adequate legal advice.
The legal counsel services we offer at CENTRAL LAW Nicaragua in the area of personal data protection are aimed at supporting the business sector in complying with the LPDP in order to reduce the risks in the processing of personal data through the accompaniment of Business processes (use, transfer or storage of personal data of suppliers, customers, business partners, employees, contractual clauses, privacy notice, internal regulations, institutional agreements, advertising, etc.) and advice for compliance with the provisions, Requirements and formalities foreseen in the LPDP.
We are aware that the advice on this issue is essential to mitigate the risk of losses and unnecessary legal expenses for lawsuits filed with respect to the Law of Protection of Personal Data. At CENTRAL LAW Nicaragua we are experts in the subject, having participated as a consultant in the drafting of the LPDP as national and international expert on privacy data. We do not doubt that with our help the companies will be able to make an effective, safe and adequate use of the Personal Data, entrusted by its valuable clients, suppliers and workers.
María Asunción Moreno
CENTRAL LAW Nicaragua