The Cybersecurity bill must be submitted to the Constitutional Court for review and, subsequently, go through the enactment stage.
This Tuesday, December 12, 2023, the Bill that establishes a Framework Law on Cybersecurity and Critical Information Infrastructure was approved.
The fundamental purpose of this initiative is to strengthen the country’s position in the field of cybersecurity, generating benefits for all sectors by promoting effective protection of critical infrastructure and information in the digital environment.
The proposal aims to establish a governance model that promotes risk management and the implementation of cybersecurity standards. In this sense, it institutes a normative structure that defines general principles and establishes the regulation to coordinate the cybersecurity actions of State agencies. It also classifies essential services and vital operators, who will be subject to the obligations established by the new law.
The legislative text also details the minimum requirements aimed at preventing, containing, resolving and responding to incidents related to cybersecurity. It also establishes the powers and obligations of state agencies, defines the duties and responsibilities of private institutions, and sets out the mechanisms for control, supervision and consequences for violations.
In addition, the National Cybersecurity Agency (ANCI) is created, which will play a central role in the new institutional structure. This agency will have regulatory, supervisory and sanctioning powers, applicable to both government agencies and private institutions in this area.
Finally, the bill must be submitted for review by the Constitutional Court and, subsequently, go through the stage of promulgation by the President before being published in the Diario Oficial. It will be necessary to issue a regulation to implement both the law and the functions of the future agency.
For more information on these topics, please contact:
Francisca Franzani | Compliance Group Director | ffranzani@az.cl
Constanza Pasarin | Associate | cpasarin@az.cl
