Email Laws in Chile 2026 | Data Protection Guide

Overview of Email Laws in Chile

Chile regulates commercial email through **Law 19.628**, supported by New Data Protection Law (pending). This framework was enacted or updated in **1999/2024**. The regulatory body responsible for enforcement is **SERNAC / Future DPA**.

Chile operates an **Opt-In** model, placing it among moderately regulated email marketing environments. Its enforcement strictness is rated **2/5 (Low)**.

**Key note:** Major reform underway; will align with GDPR

Consent Requirements

**Consent Model:** Opt-In **Consent Type:** Explicit **Prior Consent Required:** Yes

Marketers must obtain **affirmative prior consent** before sending commercial emails to recipients in Chile. Recipients must actively agree — silence or pre-checked boxes do not count as valid consent.

**B2B Email Rules:** Consent required

Mandatory Email Requirements

Commercial emails sent to recipients in Chile must include:

- **Unsubscribe Mechanism:** Yes - **Unsubscribe Deadline:** Promptly - **Physical Address:** Yes - **Sender Identification:** Yes

Every commercial email must clearly identify the sender and include a functioning opt-out link. Failure to include these elements constitutes a violation regardless of whether consent was properly obtained.

Penalties for Non-Compliance

Non-compliance with Chile's email laws can result in significant financial penalties:

**Maximum Fine (Local Currency):** UTM 1,000 (~$80,000) **Maximum Fine (USD Equivalent):** approximately $80,000 **Fine Structure:** Per violation **Criminal Penalties:** No criminal penalties under current law

Enforcement is conducted by **SERNAC / Future DPA**. Regulatory activity has been relatively limited, though enforcement risk remains real.

Data Protection and Email in Chile

Email compliance in Chile intersects with broader data protection requirements.

**Primary Data Protection Law:** Law 19.628 (reform pending)

Email addresses are personal data under most national data protection frameworks. Collecting, storing, and using email addresses requires a valid legal basis — in most opt-in countries, this is explicit consent. Organizations must also comply with data subject rights including access, rectification, and erasure requests.

**Secondary Laws Affecting Email:** New Data Protection Law (pending)

Using Signal Plug to verify email addresses before outreach ensures your contact data is current and accurate — reducing the risk of sending to outdated or invalid addresses that could trigger compliance issues.

Compliance Checklist for Chile

Before launching any email campaign targeting Chile recipients:

- Verify you have valid Explicit from all recipients - Include your full business name and physical postal address in every email - Include a clear, one-click unsubscribe link - Process opt-out requests within Promptly - Keep records of consent for every contact - Comply with **Law 19.628 (reform pending)** for personal data handling - For B2B outreach: Consent required

Signal Plug helps you build verified, compliant email lists — finding and validating professional email addresses so your outreach reaches real people and stays on the right side of the law.