Quevedo & Ponce - Noticias Legales
Protect Your Business and Avoid Sanctions! New Legal Obligation in Contracts: Personal Data Protection Clauses
- May 23rd, 2025
- Quevedo & Ponce
The recent Resolution No. SPDP-SPD-2025-0006-R issued on April 30, 2025 by the Superintendency for Personal Data Protection introduces a regulatory transformation with significant impact for all public and private entities entering into contracts within Ecuadorian territory. From now, the inclusion of specific personal data protection clauses is mandatory in all contractual relationships involving the processing of personal data.
This regulation, which is mandatory and binding, is issued in application of the Organic Law on Personal Data Protection (LOPDP) and seeks to ensure that the rights of data owners are duly protected. The clauses must be clear, specific, transparent, and lawful expressly prohibiting any form of ambiguity, data processing without a legal basis, omission of security measures or unjustified restriction of data rights.
Non-compliance with this obligation may constitute a serious violation for both data controllers and data processors in accordance with Articles 68 and 70 of the LOPDP. Legal consequences may include financial and administrative sanctions, which could directly impact the operations and reputation of the organization.
Given this new legal landscape, it is essential that companies and public entities review and update their contracts with suppliers, employees, clients and any third party that accesses or processes personal data.
At Quevedo & Ponce we have a specialized team in personal data protection. We provide comprehensive legal advisory services for the drafting, review and updating of contracts in accordance with the new regulation issued by the Superintendency for Personal Data Protection. Our services ensure regulatory compliance and safeguard our clients from legal and financial risks.
Do not compromise the legal security of your organization. Contact to Quevedo & Ponce today and ensure that your contracts comply with the new legal standards for data protection. We are committed to protect your interests and the rights of your clients.
Más Artículos
Regulatory Framework for Non-Profit Organizations: Provisions of the Organic Law on Social Transparency and Its Regulations
An essential guide to understanding the legal framework governing non-profit organizations in Ecuador. This article outlines the obligations, procedures, and requirements established under the Organic Law on Social Transparency and its Regulations, as well as the supervision and control role of the Superintendence of Popular and Solidarity Economy (SEPS).
How to ensure a clear, valid, and proper property transfer
The purchase and sale of real estate in Ecuador is a legal act that requires document verification, compliance of notarial requirements, and registration before the Property Registry. This process demands a review of the property’s legal status and the involvement of a specialized attorney to ensure a valid, secure, and properly executed transfer of ownership.
The National Court of Justice establishes a new binding jurisprudential precedent on employer retirement compensation
The National Court of Justice has issued a new binding jurisprudential precedent that redefines the calculation of employer retirement compensation in Ecuador. Resolution No. 16-2025 specifies which amounts may be deducted from the employee’s individual retirement fund, reinforcing the principle of favorability and legal security in labor matters.
IESS and Enforcement Actions: The Constitutional Court Shields Shareholders and Bans Administrative Travel Restrictions
Constitutional Court Ruling 3364-21-EP/25 protects shareholders from IESS enforcement measures, prohibiting administrative travel bans and personal liability without judicial intervention. The decision strengthens corporate legal certainty and upholds the binding precedent 22-13-IN/20
Geographical Indications: Value and Protection of Origin
Geographical indications (GIs) are a form of intellectual property protection that recognizes the link between a product and its place of origin. They ensure that the product’s characteristics, quality, or goodwill derive from its geographic environment, helping preserve authenticity, strengthen the local economy, and protect the cultural heritage of communities.
