On 24 October 2022, the National Authority for the Protection of Personal Data approved a Guide to the International Transfer of Personal Data. According to articles 11 and 15 of Law No. 29733, Personal Data Protection Act, international transfer of personal data can only be carried out when a sufficient level of protection of personal data is guaranteed in the recipient country.
On 27 September 2022, the Ibero-American Network for the Protection of Personal Data published the Guide for the Implementation of Standard Contractual Clauses for the International Transfer of Personal Data, which sets out certain aspects to be considered when making international transfers of personal data through the use of standard contractual clauses. The Guide includes non-binding guidance for those who make ITPD from member countries of the RIPD to non-adequate jurisdictions.
On 19 July, the Ministry of Health published for public comment a draft Supreme Decree that aims to modify the technical parameters for sugar, sodium and saturated fats content in processed foods that are contained in the “Regulation of the Law on the Promotion of Healthy Eating for children and adolescents” and in the “Advertising Warnings Manual”.
Law No. 31435 was published on 22 March 2022, amending the Consumer Protection and Defense Code which modifies the deadlines for handling consumer protection claims.
On 26 March, 2022, Legislative Decree No. 1542 was published, by which certain provisions contained in the Law on Customs Offenses was approved by Law No. 28008.
The objective of these modifications is to seek a clearer process regarding the investigation and termination of customs offences.
By Legislative Decree No. 1531, published on 19 March 2022, various provisions of the General Law of the Financial and Insurance Systems and Organic Law of the Superintendence of Banking and Insurance were amended. A few months ago, Congress authorized the Executive Power to legislate on financial matters in order to promote greater competition in the provision of transportation service and custody of money and values, with further aim of strengthening the solvency and stability of the financial system in order to safeguard savings account holders, optimize processes in the entities of the financial system, and foster greater competition in the financial entities that are under the supervision of the Superintendency of Banking and Insurance.
For all current and potential investors in a country, understanding the legislation, the system, the guarantees and other nuances of local regulations is important, especially as the legal framework is constantly evolving. This is why Estudio Echecopar, member firm of Baker & McKenzie International, has put together Doing Business in Peru 2022, a handbook that offers find useful and current information related to the legal framework that every investor must take into account to operate in the country.
Certain importers may continue to use prohibited adhesives
Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual Commission on Dumping, Subsidies and Non-Tariff Trade Barriers has granted the interim measure requested by various importers of industrialized food and beverages and the Chamber of Commerce of Lima to allow the use of adhesives for the posting of advertising warnings on said imported products. See Resolution No. 012-2022/CDB-INDECOPI.
INDECOPI has established a criterion of interpretation regarding the prohibition of disseminating misleading advertising material referring to promotional prices or discounts, in accordance with the provisions of Legislative Decree No. 1044 (“Law on Repression of Unfair Competition”).
The Ministry of Women and Vulnerable Populations has opened a new call for companies to participate in the certification process called “Empresa Segura, Libre de Violencia y Discriminación contra la Mujer” (Safe Enterprise, Free of Violence and Discrimination Against Women). This certification recognizes companies with the best practices in terms of gender equality in employment and gives benefits in the recruitment processes with the state to companies with the best results. Companies have up to 30 March 2022 to register and participate in this new edition of the certification process.