Act 2012-39 is a recently enacted law in Puerto Rico that requires operators of web pages and web sites in the island to enact a privacy policy and notify visitors of its content; which shall include:
a) The type of personal information collected and the users of the site;
b) Persons / entities with which the operator shares the information;
c) Whether the operator maintains a process for the user to review or request changes to the personal information collected and / or preserved (and provide a description of the process);
d) Description of the process by which the operator can notify users of changes to its privacy policy. In which case it shall notify the date on which the change takes effect;
The Department of Consumer Affairs of Puerto Rico (DACO) has been designated to establish regulations to pinpoint the specific parameters that operators must comply with the Privacy Policy described above; and shall have power to investigate and impose fines, up to $50,000.
Robert Alex Fleming is a corporate and trial attorney with over 35 years of experience advising and representing clients in Puerto Rico. He leads Fleming Law Offices, LLC, where his practice is informed by decades of experience in commercial matters, litigation, governance, and dispute resolution. Mr. Fleming is admitted to practice before the courts of Puerto Rico, several federal courts, and the state courts of New York and Texas. He holds an LL.M. in Commercial Law and an MBA from the Kelley School of Business at Indiana University.