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[null,"Prepared By:","Contributors:"]
[null,"Alvarado Y Asociados"]
[]
[]
[]
["Global Data Privacy Guide"]
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["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

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["Question","Nicaragua"]
["Key Legislation Overview"]
["1. What is the key legislation?","The main legal framework is Law No. 787, Law on the Protection of Personal Data (Ley de Protección de Datos Personales), published in the Official Gazette in 2012, along with its Regulations (Decree No. 36-2012). This law establishes principles, rights, and obligations for the protection and processing of personal data in Nicaragua.\n"]
["2. What are the key decisions applying that legislation?","There are currently no significant judicial or administrative decisions applying the law. This is largely due to the fact that, although the law created a competent authority the Directorate for the Protection of Personal Data under the Ministry of Finance and Public Credit, it has not been effectively organized or operational in practice, resulting in an absence of enforcement actions or interpretative precedents.\n"]
["Key Data Protection Provisions"]
["1. How are “personal data” and “sensitive data” defined?","•    Personal Data: Any information concerning identified or identifiable natural persons.\n\n•    Sensitive Data: Data that affects the most intimate sphere of the data subject or whose improper use could give rise to discrimination (e.g., racial or ethnic origin, political opinions, religious or philosophical beliefs, union membership, health information, or sexual orientation).\n"]
["2. How is the defined data protected?","Protection is achieved through the principles and obligations established by Law No. 787, including purpose limitation, consent, proportionality, accuracy, confidentiality, and security safeguards.\n"]
["3. Who is subject to privacy obligations?","Both public and private entities that collect, store, or process personal data in Nicaragua are subject to the law, regardless of the medium (physical or electronic) used.\n"]
["4. How is “data processing” defined?","Any operation or set of operations performed on personal data, whether automated or not, such as collection, registration, organization, storage, modification, retrieval, consultation, use, transmission, dissemination, blocking, deletion, or destruction.\n"]
["5. What are the principles applicable to personal data processing?","Legality, consent, purpose limitation, proportionality, quality, security, confidentiality, and transparency.\n"]
["6. How is the processing of personal data regulated?","Processing generally requires free, express, informed, and written consent from the data subject, except in specific legal exceptions (e.g., public interest, judicial orders).\n"]
["7. How are storage, security and retention of personal data regulated?","Data must be stored with adequate security measures to prevent unauthorized access, alteration, or loss, and retained only for as long as necessary to fulfill the purpose for which it was collected.\n"]
["8. What are the data subjects' rights under the data legislation?","Rights to access, rectification, cancellation, and opposition (ARCO rights), as well as the right to be informed about the use of their data.\n"]
["9. What are the consent requirements for data subjects?","Consent must be explicit, informed, prior, and in writing, unless an exception provided by law applies.\n"]
["10. How is authorization for use of data handled?","Authorization is normally given through a written consent form, which must specify the purpose, duration, and scope of the data use.\n"]
["11. Are cross-border data transfers regulated? If so, what are the restrictions on cross-border data transfers?","Yes. Law No. 787 (Law on the Protection of Personal Data) and its Regulations (Decree No. 36-2012) expressly regulate cross-border transfers of personal data.\n\nLegal Framework & Restrictions:\n\n•    Adequate Level of Protection:\n\nCross-border transfers are permitted only if the recipient country offers an “adequate level of protection” for personal data, comparable to the guarantees under Nicaraguan law. The assessment of adequacy is, in principle, the responsibility of the Directorate for the Protection of Personal Data.\n\n•    Data Subject Consent:\n\nIf the destination country does not meet the adequacy standard, the transfer is still possible if the data subject gives prior, express, informed, and written consent, specifically authorizing the international transfer.\n\nOther Exceptions:\n\nThe law allows transfers without adequacy or consent in certain cases, including:\n\no    Transfers necessary for the execution of a contract with the data subject or for pre-contractual measures at their request.\n\no    Transfers required for public interest reasons or for the recognition, exercise, or defense of a right in judicial proceedings.\n\no    Transfers necessary to safeguard the vital interests of the data subject.\n\nProcedural Requirements (Under the Law and Regulations):\n\n1.    Documentation: The data controller must document the transfer, including:\n\no    The identity and contact details of the recipient entity abroad.\n\no    The purpose and categories of data transferred.\n\no    The legal basis for the transfer (adequacy, consent, or exception).\n\n2.    Consent Form: Where applicable, obtain and retain a signed consent form from the data subject, which must clearly state the transfer’s destination and purpose.\n\n3.    Security Measures: Implement contractual or technical safeguards to ensure confidentiality and security during transfer. This may include data transfer agreements with clauses mirroring Nicaraguan protections.\n\nPractical Consideration:\n\nAlthough the law assigns the Directorate for the Protection of Personal Data the role of evaluating “adequacy” and overseeing compliance, in practice this authority is not yet operational. Therefore:\n\n•    There is no official list of “adequate” countries.\n\n•    There is no active verification process or approval mechanism for cross-border transfers.\n\n•    Compliance relies on the controller’s own due diligence and contractual safeguards.\n\nImplication for Organizations:\n\nIn the absence of a functioning authority, organizations in Nicaragua typically:\n\n•    Default to obtaining explicit written consent for any cross-border transfer.\n\n•    Incorporate data protection clauses into contracts with foreign recipients to mirror Law No. 787 requirements.\n\n•    Keep internal records in case the authority becomes operational and retrospective compliance checks are conducted.\n"]
["12. How are data \"incidents\" and \"breaches\" defined?","The law does not provide a detailed definition, but breaches are understood as any unauthorized access, disclosure, alteration, loss, or destruction of personal data.\n"]
["13. Are there any notification requirements for incidents and/or data breaches?","The law does not establish specific notification procedures or timelines, partly because the designated authority is not operational, and there are no regulations in practice enforcing this requirement.\n"]
["14. Who is/are the privacy regulator(s)?","The law establishes the Directorate for the Protection of Personal Data under the Ministry of Finance and Public Credit. However, in practice this authority is not yet organized, so there is no active regulator to oversee compliance or issue guidance.\n"]
["15. What are the consequences of a data breach?","The law foresees administrative and potentially criminal liabilities for unauthorized use or disclosure of personal data. In practice, enforcement is non-existent due to the lack of an operational authority.\n"]
["16. How is electronic marketing regulated?","Electronic marketing must comply with consent requirements. Sending unsolicited marketing communications without prior consent is prohibited.\n"]
["17.\tAre there sector-specific or industry-specific privacy requirements?","Yes. Certain sectors (e.g., banking, telecommunications, health) have additional confidentiality and data protection rules under their respective regulations.\n"]
["18.\tWhat are the requirements for appointing Data Protection Officers or similar roles?","The law does not explicitly require the appointment of Data Protection Officers, although organizations are encouraged to designate responsible personnel for compliance.\n"]
["19.\tWhat are the record-keeping and documentation obligations?","Controllers must maintain records of data processing activities and consent documentation.\n"]
["20.\tWhat are the requirements for conducting Data Protection Impact Assessments (DPIAs)?","Law No. 787 does not specifically mandate DPIAs, but risk assessment is implied under the principles of proportionality and security.\n"]
["21.\tWhat are the requirements for third-party vendor management and data sharing?","Controllers must ensure that third parties handling personal data comply with the same legal obligations and obtain prior consent from the data subject.\n"]
["22.\tWhat are the penalties and enforcement mechanisms for non-compliance?","The law provides for administrative sanctions, including fines and suspension of data processing. In practice, enforcement mechanisms are inactive due to the absence of an operational authority.\n"]
["23.\tWhat are the ongoing compliance and audit requirements?","While the law establishes general obligations, there is no active auditing or inspection system in place due to the regulator’s lack of operational capacity.\n"]
["24. Are there any recent developments or expected reforms?","As of now, there are no official announcements of legislative reforms. \n"]