On April 20, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Supplier’s Good Practices in the context of the Covid-19 Pandemic", which seeks to establish the main concepts and criteria for companies to promote good commercial practices in order to protect consumers, especially with regard to their health and physical and psychological integrity ...
In April 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Safeguarding Consumer health and alternative measures for compliance, suspension and extinction of benefits in the Face of the coronavirus pandemic (Covid-19) ...
On April 6, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on distance contracts during the COVID-19 pandemic", which seeks to set general guidelines regarding distance contracting with consumers during the constitutional state of catastrophe due to public calamity. To safeguard the basic rights embodied in Law No ...
In recent months, the National Consumer Service has published multiple opinions interpreting various rules of Law No. 19,496 on the protection of consumer rights ("CPA") that were amended in recent times, responding to practical requirements of the public, in matters of interest to suppliers and consumers. When reviewing these rulings, it is important to remember the scope and application of the interpretations made by this service ...
On April 9, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on the suspension of terms of legal, voluntary and satisfaction guarantees during the health crisis of COVID-19". The document seeks to provide a harmonious interpretation of Law No. 19,496, Consumer Protection Act (CPA) and its principles, in the light of the measures adopted as a result of COVID-19 that have affected compliance with obligations arising from consumer contracts ...
On July 26, 2023, SERNAC published a new interpretative circular that refers to the protection of the real estate consumer in the sale of real estate and its preparatory acts. Although this circular establishes mandatory guidelines for SERNAC officials, it also constitutes a guide to be taken into consideration by real estate providers when complying with their legal obligations ...
On March 11th, 2021, the National Consumer Service (hereinafter “ SERNAC ”) published a new interpretative circular which sets rules for the notification of breaches regarding financial portability and other monitoring data (the “ Circular ”). The Circular revokes SERNAC's Exempt Resolution No ...
The National Consumer Service ("SERNAC") initiated a citizen consultation aimed at consumers to learn about their opinions on how protected they feel in consumer matters and how they perceive the current role and powers of the Service. In order to gather the opinion’s of the citizens, a form with 12 questions will be available on its website until July 23 ...
New Law No. 21,234, which amends and replaces Law No. 20,009, entered into force on May 29th, 2020. This norm aims to provide more protection to consumers and extending the liability of financial institutions against payment card and electronic transaction fraud ...
As the Commission for the Financial Market (the “Commission”) came into full force this January (read previous news alert here), the regulation of the Chilean financial market took a step forward in terms of institutionalism and modernization. In this context, one of the changes introduced by Law No. 21,000 (the “Law”), that created the Commission, is the self-regulation of entities in the financial market ...
The Environmental Assessment Service (" EAS ") is preparing technical documents, as a supplement for the environmental assessment guides, to standardize criteria, background and procedures within the Environmental Impact Assessment System (“ EIAS ”) ...
On January 30, 2023, the Commission for the Financial Market ("CMF") approved an amendment to the Stock Market Regulation applicable to Issuers Exempt from Registration with the CMF, corresponding to the “ScaleX Santiago Venture Exchange” section of the Santiago Stock Exchange ("ScaleX") ...
This news alert includes information on the way in which the authorization for safe passage permits shall be granted on account of the nighttime curfew that stands in Chile as of the evening of this Sunday 22 March 2020, as an additional measure to face the Covid-19 pandemic: Individual safe-passage permit Collective safe-passage permit Permanent authorization for emergency personnel Authorization for companies and people who carry out transport of goods Airport Staff Passengers
On 24 March 2020, and due to the varied measures adopted by mayors and municipal authorities affecting, among others, commercial establishments, the Office of the Comptroller General of the Republic (“the Comptroller” or the “CGR”) published Ruling 6785-20 (the “Ruling”) ...
Resolution No. 61/202 of Chilean Tax Authority amends instructions on Certificate No. 66 on donations and expenses associated with the global outbreak of Covid-19 July 6, 2020 On June 17, the Internal Revenue Service issued the Resolution No. 61 through which it modified the Resolution No. 49, which creates the certificate that recipients must issue for the donations they receive in the context of the health crisis produced by Covid-19. According to Resolution No ...
On November 24th, 2021, Law No. 21,391 introducing in the Labor Code a new article 206 bis, was published in the Official Gazette. This article establishes the employer’s obligation to offer remote work or teleworking to certain employees, in the event a state of catastrophe due to public calamity or a health alert due to an epidemic or pandemic because of a contagious disease is declared ...
On Tuesday, February 21, 2023, Decree Nº318/2022 of the Ministry of Foreign Affairs was published in the Official Gazette, enacting the "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP), which has entered into force as of that date. The treaty seeks to promote the economic integration of the parties, generating a common framework for trade policy, government procurement, intellectual property, electronic commerce, investment, among others ...
On January 29th, 2016, the Supreme Court issued a ruling (hereinafter the “Ruling”), that changed the criteria regarding the requirements that trigger the entitlement to the statutory benefit known as “full week” (semana corrida) which applies to employees who are remunerated based on a fixed salary and a variable compensation. 1.- Criteria before the Ruling The full week benefit was originally applicable to employees remunerated exclusively on a daily basis or by piecework ...
We foresee that, as a result of the current situation of the Covid-19 outbreak in Chile, there may be a significant increase in breaches to the obligations set forth in commercial contracts, under the argument of force majeure ...
On December 13th, 2022, Decree No. 84 was published in the Official Gazette approving the Regulations governing mediation, conciliation, and arbitration in consumer matters, which will enter into force six months after publication, that is, on June 23rd, 2023. The issuance of this regulation is framed in the recent entry into force of the Pro-Consumer Law that seeks to encourage consumer protection ...
Law No. 21,398 (known as the "Pro-Consumer Law"), which amended Law No. 19,496, Consumer Protection Act ("CPA"), reinforced the right of withdrawal in distance purchases, establishing that: Consumers may exercise the right of withdrawal or repentance, within a period of 10 days from receipt of the product, without expression of cause, with respect to all purchases of goods, without conditioning the right to the will of the supplier ...
Executive Summary On February 5th, 2021, the Ministry of Economy published the final version of the Regulation on Voluntary Procedures, which is processed before the National Consumer Service, for the protection of collective or diffuse interests of consumers ...
Decree No 131 of the Ministry of Public Works, published in the Official Gazette on September 15, 2021 (the "Decree No 131"), comes to amend DS No 50 / 2015 (the "Decree No 50"), Regulation of Article 295 paragraph 2° of the Water Code, which establishes technical conditions to be met in the design, construction and operation of hydraulic works of Article 294, consisting, among others, in dams or reservoirs with a capacity greater than 50 thousand m3 or whose wall is more than 5 mete
On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”) ...
On August 3rd, 2023, the regulation establishing the form and conditions through which the supplier must comply with the obligation to analyze the economic solvency of the consumer (the "Regulation") was published in the Official Gazette. This obligation was recently introduced in Article 17 N of the Consumer Protection Law by virtue of Law No. 21,398 of 2021 ...
