With the entry into force of the Organic Law on Personal Data Protection (LOPDP), all companies and organizations that handle personal information from clients, employees, or suppliers are required to implement a Comprehensive Personal Data Protection System (SPDP) by December 31, 2025. This regulatory framework introduces clear responsibilities and obliges entities to adopt technical, administrative, and organizational measures to ensure the proper processing of personal data. The current obligations include obtaining free, specific, and informed consent for data collection; maintaining comprehensive security measures to safeguard information; preparing and updating the Record of Processing Activities (RAT); and appointing a Data Protection Officer (DPD) in cases where the law requires it.
This last requirement is critical, as the deadline to register and notify the DPD before the Superintendence of Personal Data Protection (SPDP) expires on December 31, 2025. Failure to comply with these provisions may result in significant financial penalties, suspension of data processing, and even temporary disabling of systems that handle sensitive information, representing a considerable financial and reputational risk for any organization.
The risks associated with non-compliance are generally classified as economic, reputational, and operational. Fines imposed by the SPDP may range from 0.1% to 0.7% of the company’s annual turnover, depending on the severity of the violation. From a reputational standpoint, companies must notify affected data subjects and delete improperly processed data, which undermines public trust and may jeopardize strategic business relationships. Operationally, companies may be subject to regulatory reviews, audits, and the imposition of corrective measures that impact internal processes and operational resources. Additionally, many suppliers, partners, and corporate clients will begin requiring proof of compliance to maintain commercial relationships, turning compliance into a competitive advantage rather than just a regulatory obligation.
The need to take timely action is urgent, not only due to the legal deadline but also to prevent sanctions, strengthen legal security, and ensure proper personal data processing. The SPDP has already imposed significant sanctions that set important precedents for the business sector. Among them are the USD 259,644.01 fine imposed on LigaPro, along with the obligation to notify more than 14,000 data subjects and delete data obtained without valid consent; and the USD 194,856.16 fine imposed on the Ecuadorian Football Federation (FEF), which includes the deletion of data processed without authorization and the update of its internal policies.
In conclusion, compliance with the LOPDP is neither optional nor postponable. Implementing a complete SPDP, appointing a DPD, and adopting adequate policies and procedures are essential to avoid financial, reputational, and operational risks, and to guarantee effective protection of personal data for all data subjects.
