Protect Your Business and Avoid Sanctions! New Legal Obligation in Contracts: Personal Data Protection Clauses

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.