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
Lease Agreements in Ecuador: Legal Requirements for Formalization and Registration
In Ecuador, lease agreements can be verbal or written, but the law requires a formal contract before a notary if the monthly rent exceeds the unified basic salary. Knowing these legal conditions is essential to protect both landlords and tenants and avoid legal risks.
Ecuador and the New Law on Intelligence: Toward a Safer or More Surveilled State?
Ecuador has taken a decisive step by enacting the new Organic Law on Intelligence, which aims to strengthen the State’s capacity to combat organized crime and threats to national sovereignty. However, the legal framework adopted raises serious concerns from a constitutional and human rights perspective.
Has your company remedied the grounds for dissolution? you may request its exclusion from the massive resolution and to continue operating legally.
The Companies Act allows to request the exclusion of a company from a massive dissolution resolution if the grounds for dissolution have been remedied and the resolution has not been registered before the Mercantile Registry. This alternative avoids to initiate a reactivation process and enables the company to maintain its legal standing. This article explains the circumstances under which this option may be exercised and the requirements that must be complied.
Traditional Specialties Guaranteed (ETG) in Ecuador: Protecting Tradition with Legal Recognition
Within the framework of Ecuador’s intellectual property system, Traditional Specialties Guaranteed (TSG) represents a strategic legal mechanism for the protection of agri-food products with proven cultural value and traditional heritage. This tool provides official recognition of the authenticity of traditional production methods, without requiring a specific territorial link.
Arbitration in Ecuador: An Effective Alternative for Dispute Resolution
Arbitration in Ecuador is an effective alternative for resolving disputes, highlighting benefits such as celerity, confidentiality, and the ability to choose expert arbitrators, making the process more efficient and specialized than ordinary courts.
