Digital Policy Tracker
Latin America
When 02.10.2021 Where Chile, Latin America Who Government of Chile
Chile set to become the first country in the world to recognize and protect neuro rights. The law protects rights to personal identity, free will and mental privacy. Mental identity is defined as a non-manipulable right to protect against technological advancements in neurosciences and artificial intelligence. With the rapid progress in neurotechnology, many fear that this may end up being misused in the future for recording and modifying mental data. Chile’s law is a step to protect the neuro rights from future intrusion, and it would be interesting to see the development and impact of such law.
#neurotechnology #privacy #neurorights
When 19.08.2021 Where Cuba, Latin America Who Government of Cuba
The ongoing protest in Cuba against the ruling regime has met new resistance from the government which has enacted a law to criminalise any critique on the internet. In yet another move to stifle dissent, the Cuban government has passed a regulation which holds any inciting acts "that alter public order" as crimes. The government is treating dissenters as cyberterrorists and as per Communications' Resolution 105, such dissent is social indiscipline. The new framework is marred with political goals that gives unlimited power to the government to restrict internet access and circulation of information via social media. Futher, it criminalises posts that are against government.
#contentmoderation #righttoprotest #freedomofspeech
When 18.08.2021 Where Costa Rica, Latin America Who President Carlos Alvarado
'Digital Nomad' is a concept which involves tourism with work and in the wake of the pandemic, digital nomads are growing in numbers. A person interested in working from a remote location can opt for Costa Rica as it gives several incentives to remote workers from different jurisdictions. In order to attract tourists, Costa Rica has introduced a legal framework which accords recognition and protection to Digital Nomads as remote workers. The regulation gives residence permit for a year extendable for another, and the usage of one's driver's license from their home country in Costa Rica. Further, the regulation establishes the non-resident immigration category for beneficiaries as well as total exemption from income tax. People opting for remote work can now choose Costa Rica as their headquarters. The move is seen to attract more tourists and incorporate a new way of working.
#digitalnomads #work #tourism
When 05.08.2021 Where Uruguay, Latin America Who Government of Uruguay
In a move to attract more investment, Uruguay has introduced a bill to legalise digital assets. A copy of the bill is (here). The move is to accept cryptocurrencies for payments and introduce them in the financial framework. The government has created a body as the National Secretariat for the Fight against Money Laundering and Terrorism Financing (SENACLAFT) with the purpose of maintaining a registry of virtual assets providers. Interestingly, the country is pushing cryptocurrency as digital assets but the BIll has not recognised it as legal tender. Other provisions of the Bill are related to setting guidance to regulate the production and exchange of cryptocurrencies and fiscal security in commerce derived from usage of such currencies. El Salvador is the first country to allow cryptocurrency within in jurisdiction and now its Uruguay (unlike El Salvador, it is not recognised as legal tender in Uruguay) that follows the league.
#digital assets #cryptocurrency #cryptoregulations
When 04.08.2021 Where Brazil, Latin America Who Government of Brazil
In furtherance of the data protection law passed in September 2020, Brazil gave a window period till August 2021 for organisations to comply with it. The law also created a Suprevisory body that will look into compliance by organisations. Companies and organisations are finding it difficult to comply with the new regulation in light of the pandemic and a shorter window period to align with the law. However, the government did not extent the dedadline and now the law in force imposes fine that runs upto 50 miliion reais (US $ 9.6 million) per day for violation or non compliance with the law.
#dataprotection #privacy #law
When 20.07.2021 Where El Salvador, Latin America Who Government of El Salvador
The Electronic Signature Act, 2016, which came into force on April 23, 2016, was modified by the Salvodoran congress on July 20, 2021. The Act governs electronic seals, time stamps, and website authentication. A total of 41 articles have been modified to create legal certainity for providers of certification services and to the users that avail such services. The amdendments also cover modalities of electronic document storage, dematerialisation services of physical documents. El Salvador has been in news for marching forward with cryptocurrency and in order to create a better certification services and boost investment climate, the Act was reformed. The modified framework addresses the evidentiary vallue of such certified electronic signatures and digital messages. This will bring more regulatory clarity with respect to digital law.
#digital #signature #law
When 19.07.2021 Where Cuba, Latin America Who Government of Cuba
Cuba is witnessing one of the largest anti-government protests against food shortages and high prices amidst the COVID-19 pademic. The country has been facing an economic crisis for years which has deepened due to sanctions imposed by the US under the regime of former President Trump. The government has restricted internet access and control on social media sites to disrupt communication amongst protesters. This curtailment is indeed looked upon as violation of human rights and US in no way can surpass international law and territorial soverignity of Cuba to help the Cubans. Social media helps in the mobility of movement and coordination amongst protesters, with restricting the acess, the government potentially disrupts the coordination.
#internet #socialmedia #government #protest
When 09.07.2021 Where Colombia, Latin America Who Government of Colombia
Superfinanciera, Colombia’s financial regulator, announced that the Movvi and Bitpoint have been authorized to operate in the country. This means that Columbian users can now perform cash-in and cash-out operations on both platforms after an evaluation by the entity’s Evaluation and Tracking Committee evaluated the pilots. This pilot program, aimed at making transactions safer and easier for the average person, will run for 12 months and once the pilot period is over, users will be required to withdraw their Colombian Pesos (COP) or cryptocurrency as the platform deals with local regulations. With Colombia being one of the economies with the highest crypto transaction volumes in the world, the launch of this pilot program, comes at a time when Colombian investors demand more security in transactions, easier access to information, and a knowledge of risks in dealing with cryptocurrency.
#fintech #cryptocurrency #financialregulations
When 07.07.2021 Where Mexico, Latin America Who Mexican Insitute of Telecommunications
On June 28, the Mexican Institute of Telecommunications approved the guidelines applicable to authorized parties for data traffic management and network administration to provide Internet access services. These guidelines will implement the “Net Neutrality” chapter included in the Federal Law of Telecommunications and Broadcasting (Ley Federal de Telecomunicaciones y Radiodifusión), encouraging principles of non-discrimination, privacy, digital inclusion, and transparency. The IFT's issuance of these new guidelines is a positive step for user privacy, wider internet access, and transparency in the second-largest economy in Latin America.
#netneutrality #digitalinclusion
When 23.06.2021 Where El Salvador, Latin America Who President Nayib Bukele
President Nayib Bukele has recently allowed Bitcoin as legal tender in El Salvador. In furtherance of this process, he has announced that a Bitcoin law will come into effect from September 7, 2021. Pertinently, Bitcoin shall join, rather than replace, the US dollar which is the official currency of El Salvador. President Bukele has also explained that a key rationale underlying the adoption of Bitcoin as a legal currency is that of helping people send remittances back to El Salvador, given that the process is typically replete with high transaction and commission costs. Post the law coming into effect, El Salvador will become the first country in the world to adopt Bitcoin as a legal currency. So far the characterisation of Bitcoin in many countries has been limited to that of assets and not currency. The use of Bitcoin shall be permitted with ATMs, digital wallets, and free money.
#bitcoin #currency #cryptoregulations
When 17.06.2021 Where El Salvador, Latin America Who World Bank, Government of El Salvador
Citing environmental and transaparency concerns governing Bitcoin, the World Bank rejected El Salvador's plan for implementation of Bitcoin. The debt that El Salvador owes to US Treasuries dipped to 705 basis points and El Salvador is looking to redeem the situation by creating lucrative investment through Bitcoin legalisation. It has sought legal and technical assistance from IMF which is yet to respond on the issue. However, World Bank did not extend its support for Bitcoin.
#bitcoin #currency #cryptoregulations
When
11.06.2021
Where
El Salvador, Latin America
Who
President Nayib Bukele
El Salvador has allowed Bitcoin as legal tender thereby meaning that in the country Bitcoin will be parallel to dollar which became its official currency 20 years back.
#bitcoin #currency #cryptoregulations
When 01.06.2021 Where Chile, Latin America Who Government of Chile
RENOVO is a platform designed to provide national registry of all the renewable energies generated and consumed by Chile. This is to ensure transparency and robustness through compliance.
#renewable #blockchain #electricity
When 01.06.2021 Where Ecuador, Latin America Who Government of Ecuador
Ecuador has come up with its first Personal Data Protection Law. The law is based on EU General Data Protection Regulations except for monetary penalties.
#dataprotection #privacy #law
When 31.05.2021 Where Brazil, Latin America Who Brazilian Central Bank
The Central Bank Of Brazil has released a note listing the general guidelines for the design of a hypothetical central bank digital currency (CBDC) for the country. The document states that CBDC should be used as a money substitute, comply with anti-terrorism regulations, and be issued by the central bank. Moreover, due to its digital nature, CBDC should be in "adherence to all privacy and security principles" and put "emphasis on the development of innovative business models based on technological advances, such as smart contracts, internet of things (IoT), and programmable money".
#cryptocurrencies #cryptoregulations #CBDC
When 28.05.2021 Where Jamaica, Latin America Who Jamaica's Central Bank
The Bank of Jamaica announced the introduction of a Central Bank Digital Currency (CBDC) scheduled for next year. The new digital currency will help the government reduce welfare payments by making them instantaneous. The new CBDC will also aim to boost financial inclusion and reduce costs for financial institutions.
#cryptocurrencies #cryptoregulations #CBDC
When 28.05.2021 Where Mexico, Latin America Who Mexican government
Mexico announced the arrest of a critical underworld figure, Florian Tudor, aka The Shark, suspected of running a syndicate that stole millions of dollars from tourists by cloning their credit card.
#data #crime #creditcard
When 28.05.2021 Where Mexico, Latin America Who Mexican government
Mexico announced the arrest of a critical underworld figure, Florian Tudor, aka The Shark, suspected of running a syndicate that stole millions of dollars from tourists by cloning their credit card.
#data #crime #creditcard
When 27.05.2021 Where Colombia, Latin America Who WhatsApp, Colombian Privacy Authority
The Colombian government pressured WhatsApp over its privacy policy, as it does not comply with data protection laws. The authorities asked WhatsApp to continue providing the service without restrictions to users refusing to accept the new policy, including maintaining user accounts and their message and file records.
#privacy # dataprotection #socialmedia
When 19.05.2021 Where Cuba, Latin America Who Cuba's Central Bank
Cuba's central bank recently issued a warning about the rising number of cryptocurrency-related scam cases across the island. ScammersIn particular, citizens should be aware of the Ponzi schemes hiding under legit-looking digital asset investments. The schemes have been scamming several people across the nation, whose has been hurt by a long-lasting economic crisis. While there has been an increase in acceptance towards cryptocurrencies, the Cuban government isn't currently endorsing any virtual currency-related projects in the country and, in fact, "advises the public not to get involved in operations of this nature." Yet, like many other governments in the region, the Cuban Central Bank is evaluating the introduction of a central bank digital currency (CBDC).
#cybercrimes #cryptocurrencies #cryptoregulations
When 17.05.2021 Where Brazil, Latin America Who WhatsApp, Brazilian Privacy Authority
Following the pressure to postpone its privacy policy update, WhatsApp has agreed to delay its enforcement of 90 days while Brazilian authorities investigate the data privacy implications to users of the app's new rules. If Brazil's authorities conclude WhatsApp is not complying with the local legislation, actions ranging from warnings to fines may be applicable as the sanctions under the Brazilian data protection rules will be enforced from August 2021.
#privacy #dataprotection #socialmedia
When 14.05.2021 Where Mexico, Latin America Who Mexican government
Mexico senate approved bills of the General of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito or LGTOC), the Federal Code of Civil Procedure (Código Federal de Procedimientos Civiles or CFPC), the Law of Credit Institutions (Ley de Instituciones de Crédito or LIC) and the Commerce Code (Código de Comercio or CC) to reform electronic financial transactions.
#financial #transactions #digitalpayments
When 12.05.2021 Where Mexico, Latin America Who Mexican government
Mexico enacted chapter III-Bis on Title I of the Value-Added Tax Law that imposes a value-added tax (VAT) on Digital services like streaming services, digital intermediaries etc. The purpose for imposition of the tax is to address the tax revenue shortfall.
#data #taxation #digitalservices
When 10.05.2021 Where Brazil, Latin America Who WhatsApp, Brazilian Privacy Authority
Back in June 2020, WhatsApp launched a new service for Brazilian users. The app rolled out digital payments in-app, yet only a few days after the service release, Brazil's Central Bank suspended it, citing concerns about competition in the payment system market. Almost a year after overseeing the app's compliance with competition laws, the Central Bank recently removed its service suspension. WhatsApp users in the region will now be able to connect debit, prepaid or combo cards from several banks working with its payment processor.
#privacy #dataprotection #socialmedia
When 04.05.2021 Where Brazil, Latin America Who WhatsApp, Brazilian Central Bank
Back in June 2020, WhatsApp launched a new service for Brazilian users. The app rolled out digital payments in-app, yet only a few days after the service release, Brazil's Central Bank suspended it, citing concerns about competition in the payment system market. Almost a year after overseeing the app's compliance with competition laws, the Central Bank recently removed its service suspension. WhatsApp users in the region will now be able to connect debit, prepaid or combo cards from several banks working with its payment processor.
#digitalpayments #competitionlaw #WhatsApp
When 23.04.2021 Where El Salvador, Latin America Who National Digital Authority
El Salvador announced the creation of the National Digital Authority. The regulatory body will be in charge of creating new legislation to better regulate the use of information and communication technologies and coordinate the digitalization of the public administration. Its competence will equally cover the enforcement of rules regarding universal access to internet, personal data protection, e-commerce and cybersecurity. The adoption of a regulatory body for digital laws and services has been a common trend across multiple countries in the world.
#digitalauthority #dataprotection #cybersecurity
When 08.04.2021 Where Chile, Latin America Who Consumer lawyers, Apple
Around 150,000 users sued Apple claiming underperformance of software updates. Apple admitted that iOS software was tweaked to slow the performance of its devices and was forced to pay to pay $3.4 million to Chilean consumers. Similar consumer issues had been noticed in March in Brazil.
#consumersrights #softwareupdates #apple
When 05.04.2021 Where Costa Rica, Latin America Who Facebook
A record of 533 million users data has been exposed for free on dark web in the recent Facebook data breach. The list also includes 1.464.002 accounts from Costa Rica.
#databreach #darkweb #facebook
When 29.03.2021 Where Panama, Latin America Who Panama
Panama’s new personal data protection law (Ley No.81) extends to databases of national and foreigners. The law mandates consent of data subject for collecting personal data. A time period of 7 years has been allowed to store, treat data under prescribed circumstances.
#dataprotection #privacy
When 27.03.2021 Where Venezuela, Latin America Who Facebook, President Maduro
Venezuela’s president Maduro shared Carvativir, an oral solution from thyme, as a "miracle" medication for coronavirus with no side effects, a claim that lacked scientific evidence. Facebook claimed it violated its policy and thus froze his page.
#onlinecontentmoderation #misinformation #facebook
When 27.03.2021 Where Honduras, Europe Who Prospera Honduras
A charter city with first colonists as e-residents is to be opened by Prospera with its own rules and constitution. It has its own constitution of sorts and a 3,500-page legal code with frameworks for political representation and the resolution of legal disputes, as well as minimum wage.
#e-residency #smartcity #digitalconstitution
When 26.03.2021 Where Latin America Who EBANX
EBANX is a fintech unicorn currently operating in 15 countries in Latin America, offering payment solutions. Countries are moving to digital commerce in wake of pandemic and are adopting digital solutions giving a market size of 52 million people.
#fintech #digitalpayments #ecommerce
When 23.03.2021 Where Brazil, Latin America Who Consumer Protection Regulator, Apple
The Brazilian consumer protection regulator (Procon-SP) fined $2 million Apple for misleading advertisements, after the company removed iphone chargers in the box. The regulator also highlighted other problems with Apple like iOS update issues that some users reported about functions in their iPhones after updating the software. It said Apple did not help the resolve the issue.
#consumersrights #apple
When 10.02.2021 Where El Salvador, Latin America Who Government of El Salvador
El Salvador passed a new law to regulate e-commerce. The purpose is to establish the legal framework for all commercial relationships undertaken and contracts executed through digital or electronic means. The law defines providers’ obligations, internet providers etc.
#digitalservices #e-commerce #digitalregulations
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