Panama Law 81

Ley 81 de 2019 sobre Protección de Datos Personales

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Key Facts

Effective Date
March 29, 2021
Enacted
March 26, 2019
Enforcing Authority
Autoridad Nacional de Transparencia y Acceso a la Información (ANTAI)
Consent Model
Opt-in
Applies To
Any entity processing personal data in Panama

Overview

Panama's Law 81 establishes a data protection framework with principles of loyalty, purpose limitation, proportionality, and transparency. ANTAI has broad enforcement powers including inspections and can order cessation of operations for repeated violations.

What This Means for Your Website

  • Informed, express consent is required before processing personal data of Panamanian visitors
  • Violations are classified by severity with different statutes of limitation
  • ANTAI can order cessation of operations for repeated violations
  • Penalties are relatively low (USD $1,000-$10,000) compared to other Latin American laws

Key Requirements

ANTAI enforces Law 81 with penalties of USD $1,000-$10,000 per violation. Violations are classified as minor (3-year statute), serious (5-year), and very serious (no prescription). ANTAI can conduct inspections, request database registries, and approve cross-border transfer safeguards.

How ConsentStack Handles This

ConsentStack applies informed, express consent for Panamanian visitors meeting Law 81's requirements.

Penalties

USD $1,000-$10,000 per violation depending on severity. Authority can order cessation of operations for repeated violations.

Maximum Fine
USD10,000 per violation

Key Requirements

  • Informed, express consent before data processing
  • Develop procedures for protecting data during transfers
  • Maintain accurate data processing records
  • Inform affected parties in case of breaches
  • Data subject rights: access, rectification, deletion, opposition
  • Data security measures proportionate to sensitivity

Notable Provisions

  • Violations classified with different statutes of limitation
  • ANTAI can order cessation for repeated violations
  • Low penalty range compared to other Latin American laws
  • Data portability principle included

Other Latin America & Caribbean Regulations

LGPDBrazil
Brazil's LGPD is modeled after the GDPR with extraterritorial scope. Requires explicit consent with separate authorization per processing purpose. Non-essential cookies require prior consent per ANPD guidance. Penalties include publicization of the infraction, creating reputational risk beyond fines.
Colombia Law 1581Colombia
Colombia's comprehensive data protection law with active SIC enforcement. Requires prior, express, and informed consent for all processing including cookies. The SIC has broad investigative powers including on-site inspections. Authorization logs are required for cookies, and a pop-up must inform users about privacy and cookie management.
LFPDPPPMexico
Completely new data protection law enacted March 2025, replacing the 2010 version. The INAI was dissolved and replaced by Transparencia para el Pueblo. Introduces criminal penalties, specialized federal data protection courts, and doubled fines for sensitive data violations. Express consent required for sensitive data; implied consent available for non-sensitive.
Chile Law 21.719Chile
A complete overhaul of Chile's data protection framework replacing the 1999 law. Creates a new dedicated Data Protection Agency, introduces tiered penalties, and explicitly prohibits pre-ticked consent boxes. The agency must issue cookie guidelines. Takes effect December 2026 after a 24-month implementation period.
Argentine PDPAArgentina
One of the earliest comprehensive data protection laws in Latin America, granting Argentina EU adequacy since 2003. The law is increasingly outdated, and reform bills submitted in 2025 would introduce GDPR-aligned penalties of up to 4% of turnover. Current penalties under the original law are low.
Peru Law 29733Peru
Peru's data protection law was significantly strengthened in 2025 with updated regulations introducing phased DPO requirements, extraterritorial scope, and the tightest breach notification timeline in the region. Foreign companies serving Peruvian individuals must appoint local representatives. Maximum penalty is 10% of annual net income.

Frequently Asked Questions

What are Panama's data protection penalties?

USD $1,000-$10,000 per violation depending on severity — lower than most Latin American laws. ANTAI can also order cessation for repeated violations.

Does Panama have a data protection authority?

Yes. ANTAI has powers to conduct inspections, investigate violations, and approve cross-border transfer safeguards.

How are violations classified in Panama?

Minor (3-year statute of limitation), serious (5-year), and very serious (no prescription).

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