Legal Alert Covid-19: Regulation on occupational safety and health conditions for remote working or teleworking. 

7 July, 2020

July 7, 2020 / By Luis Parada, Juan Pablo Mesías y Alfonso Bustamante On July 3rd, 2020, the Official Gazette published a Regulation that establishes “Specific Conditions on Occupational Safety and Health at Work” (the “Regulation”), applicable to workers who provide their services via “Telework” or “Remote Work” according to the newly incorporated Labor Code provisions. The Regulation establishes a series of obligations for employers, the most relevant aspects of which are described below: The employer’s duty to manage occupational risks that exist at the worker’s home or in the place where Telework or Remote Work will be carried out. Prohibiting the worker from exposing himself/herself, his/her family or third parties to dangerous or highly harmful substances for their health, as classified by current regulations. An obligation for the employer to prepare a “Hazard Identification and Risk Assessment Matrix” (the “Matrix”), which must be reviewed at least annually, and may require the technical advice of the Mutual Organizations from Law No. 16,744. The Matrix must include a psychosocial risk assessment. For the preparation of the Matrix, the Regulation establishes that the Mutual Organizations must make available to the employers a document called “Self-assessment Risks Instrument”. This document shall be delivered by the employer to its workers once remote or teleworking has begun, and workers must fill it out and return it to the employer within the period indicated in the Regulation. The employer must develop a “Work Program” that contains the preventive and corrective measures to be implemented (e.g. elimination and/or mitigation of risks), as well as measures to promote the use of protective tools and prevention of such risks. Implementation of the “Right to Know” for workers in Telework or Remote Work. Mandatory Training: Employers must train their workers (in person or remotely) at least every two years on the main safety and health measures to be considered. The regulation establishes the obligation to provide personal protection equipment and elements, which must be adequate to mitigate or control the risk, and in no case may workers be charged for their value. Other obligations: Carrying out annual evaluations and laying out control and surveillance measures, to be carried out through face-to-face or remote inspections of the workplace. The Regulation will be in force 90 days after its publication, that is, from October 1, 2020, and the inspections will be carried out by the Labor Authority. Contacts For more information, please contact: Luis Parada Partner lparada@dlapiper.cl * This report provides general information on certain legal or commercial matters in Chile, and it is not intended to analyze in detail the matters contained in it, nor it is intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report cannot be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA. (c) DLA Piper BAZ | NLD SpA 2020.

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Adquisición de ArchDaily por Architonic-NZZ destaca en mayo (Diario Financiero)

11 June, 2020

Diario Financiero highlights the aquisition of ArchDaily by Architonic-NZZ, the approval of the sale of Cornershop and the acquisition of TodoVa, all operations advised by DLA Piper Chile. Diario Financiero

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Legal Alert: Law establishing the limitation of liability for loss, theft or fraud

1 June, 2020

June 1, 2020 / By Paulo Larrain, Ricardo López y Felipe Riedel On May 29, 2020, Law No. 21,234 (hereinafter the ”Law”) was published in the Official Gazette, which amended Law No. 20,009, changing the name of the latter to “Establishment of a regime of limitation of liability for holders or users of payment cards and electronic transactions in case of loss, theft, robbery or fraud” and replacing articles 1 to 5 of the Law. Modifications introduced by the Law are the following: 1. Title I: scope and general rules: This Law regulates the liability regime applicable in cases of loss, theft, robbery or fraud of credit cards, debit cards, payment cards with provision of funds, or any other similar system, hereinafter jointly referred to as “payment cards”, issued and operated by entities subject to the supervision of the Financial Market Commission and the regulation of the Central Bank of Chile. It also regulates the liability regime in cases of loss, theft, robbery or fraud of payment cards issued and operated by entities not subject to the supervision and regulation of the aforementioned entities, unless expressly provided otherwise. It will also apply to fraud in electronic transactions. For the purposes of this Act, payment cards and electronic transaction systems may be designated jointly as “means of payment”. Holders or users of means of payment, as well as holders of other accounts or similar systems enabling electronic transactions (referred to as ”users”) may limit their liability in the event of theft, robbery, loss or fraud, to the extent that timely notice is given to the issuer. The issuer or provider of the financial service (referred to jointly as ”issuers”) must provide qualified and free channels, available 24 hours a day and permanently, that allows the making and recording of notices to users, providing a reception and identification code. Once the notice has been received, the issuer must immediately block the means of payment to carry out transactions. In addition, the user must be sent a communication that includes the number, reception code or tracking identifier, and the date and time of the notice. For operations carried out after the notice: The issuer will be responsible. With respect to operations carried out prior to the notice: Users can claim from the issuer, within a period of 30 days, those operations with respect to which users do not know they had granted his authorization or consent. The claim may include operations carried out in the 120 calendar days prior to the date of the notice given by the user. In relation to unauthorised operations, special consideration will be given to the fact that the issuer has sent a fraud alert to the user, identifying suspicious operations, and that there is proof of receipt by the user, in accordance with the service provision contract. In cases were users do not know that they had authorised an operation, it will be up to the issuer to prove that the operation was authorised by the user and that it is registered under his name. The registration of transactions alone will not necessarily suffice to prove that the […]

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Legal Alert Covid-19: Short Law amending the Employment Protection Law

1 June, 2020

June 1, 2020 / By Luis Parada y Alfonso Bustamante We inform that on June 1, 2020 Law No. 21,232 (hereinafter the “Short Law”), which amends Law No. 21,277 on Employment Protection (hereinafter the “LPE”) was published in the Official Gazette. Please find below the most relevant changes of this new law: 1. The current regime for the payment of social security contributions by employees with suspend contracts (full-fledged or by mutual agreement of the parties), currently calculated at 50% of the value of the las remuneration, is amended by the following one: a) For old age contributions, Pension Fund Administrator (“AFP”) commission and Disability and survivors´ insurance: The contributions to be paid by the employer will be calculated at 100% of the amount of the unemployment benefits granted by the LPE. b) Health and other Social Security contributions: The last monthly salary received must be considered, without prejudice to the current taxable limits. c) It is established that the payment of contributions under this new form of calculation is retroactive for all those persons with suspended contracts under the LPE, prior to the entry into force of the Short Law. 2. Termination of employment contract during the period of suspension: a) Dismissal for company needs and employer eviction is prohibited while the legal or conventional suspension of employment contracts remains in force. b) Notwithstanding the foregoing, the causes for termination by mutual agreement of the parties, voluntary resignation of the worker, death of the worker, expiration of the agreed term and conclusion of the work or service that gave rise to the contract (for contracts for work or labor) are applicable to the suspended workers. c) For workers who are not affected by the law, it is possible to apply the causes of the company´s needs and employer eviction. d) The compensations for the termination of the contract must be calculated in accordance with the last accrued monthly remuneration. e) In the event of termination of the employment contract due to the application of the company´s needs, the employer may not deducted from the severance indemnity, the part of the employer´s contribution to the unemployment insurance destined to the worker´s saving funds. 3. Effects in cases of suspension of the employment relationship, by act or declaration of authority or mutual agreement of the parties; entry into force of agreements on reduction of working hours and remuneration; and alimony: a) Workers from companies excluded from paralysis, whose work is not necessary for the provision of services excluded from the referred measure, may avail themselves to the law through the suspension pact by mutual agreement. b) In cases of suspension of the employment relationship by an agreement between the employer and employee, a presumption of “partial assignment of activity” is incorporated, a necessary condition for the signing of these agreements, consisting of the fact that in the month prior to the signing of the suspension agreement, income from sales or services, without taking into account VAT, has decreased by at least 20%, compared to the same month in the immediately preceding year. c) It is clarified that the agreement to suspend […]

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Legal Alert: Ministry of Health introduces e-commerce in medicines

8 May, 2020

May 8, 2020 / By Paulo Larraín y Tomás Muñoz On May 7, 2020, it was published in the Official Gazette Decree No. 58 of 2019 of the Ministry of Health, which entered into inmediate force. This regulation introduces electronic commerce of drugs and allows pharmacies to sell them through electronic means, complying with the requirements established for such purpose, i.e. the provisions that regulates authorization of these activities, home delivery, information to patients, data protection and permitted advertising. Amendments introduced to Decree 466/1984 of the Ministry of Health (Regulations on Pharmacies, Drugstores, Pharmaceutical Stores, First Aid Kits and Authorized Warehouses), please note the following: Sale of drugs by electronic means: The Institute of Public Health must authorize the sale of drugs by electronic means. Authorization requirements: In order to authorize the abovementioned sale, the Institute of Public Health will verify that the applicant: (i) is authorize to operate, (ii) has a website that allows the marketing of the products and, (iii) has a delivery service (direct or by third party). Commercialization conditions: This is related to the prescription some drugs require prior to sale. Direct sale does not require the exhibit of prescription; however, “simple prescription” and “retained prescription” must exhibit the prescription when purchasing, in digital form. At the time of delivery, the prescription will be checked and retained, if applicable. Medications requiring a “receta cheque” cannot be issued by e-commerce. Bioequivalent drugs: All e-commerce of pharmaceutical products must provide alternatives to bioequivalent products. Delivery of drugs: Must fulfill security requirements such as correct sealing and labelling, certain basic information of the customer and, provide certainty that the product will not be damaged or altered. Third parties may provide delivery services to authorized establishments for e-commerce, but all liability will be allocated in the latter. Return: Return of products must be informed according to the Consumer Protection Law. Information of the drugs: The Decree indicates the information that must be available to the public in the website regarding the products it markets (i.e, photograph of the product, international common denomination, price, among others). Additionally, the website must promote the rational use of drugs and other warnings. Data Protection: The prescription, laboratory tests, clinical information and services related to health information will be confidential and considered “sensible data” according to Law No.19,628, of Data Protection. Advertising and presentation of the products: The general rules are maintained in accordance with the provisions of the Health Code and other applicable regulations. Amendments to Decree 405/1983 of the Ministry of Health (Psychotropic Regulations) and Decree 404/1983 of the Ministry of Health (Narcotics Regulations). Sale by electronic means of drugs that require a “retained prescription” are regulated by Title IV bis of Decree No. 466, which introduces the aforementioned regulation. Contacts For more information, please contact: Paulo Larrain Partner plarrain@dlapiper.cl * This report provides general information on certain legal or commercial matters in Chile, and not intended to analyze in detail the matters contained in it, not is it intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision […]

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Legal Alert Covid-19: Obligation to wear masks and their infringement as a source of the crime of harming public health

20 April, 2020

April 20, 2020 / By Ignacio Schwerter On April 17, 2020, Resolution No. 282 of the Ministry of Health was published in the Official Gazette. By means of this resolution, the authority established the mandatory use of masks in different places and under different circumstances: 1. To all people using public or private transportation subject to payment. The same obligation applies to those who use lifts or funiculars, regardless of their public or private nature and the number of people using them. Finally, the same measure applies to all operators of the various means of transport covered by this Resolution, as well as to those people working in them. 2. To all people in the places indicated below, when 10 o more occupy the same space: a) Closed spaces in schools and higher education b) Closed spaces in airports and terraports c) Closed spaces in theatres, cinemas, discotheques, casinos and similar venues d) Closed spaces in supermarkets, shopping centres, hotels, pharmacies and other similar establishments open to the public. e) Closed spaces in public and private health establishments. f) Closed spaces in places where products, medicines or food are manufactured, processed, deposited or handled. g) Closed spaces in workplaces. h) Galleries, grandstands and other rooms for the public in sports halls, gyms or stadiums. This is not applicable to sportsmen and women during the practice of sport. i) Pubs, restaurants, coffee shops and similar places, in their public or closed spaces, for those attending or working in them. J) Residences for the elderly. These measures began to apply at 5:00 a.m. of April 17, 2020 and will remain in effect indefinitely, until the epidemiological conditions allow for their suspension. Finally, it is important to bear in mind that the violation of the measures described above will be punished according to the provisions of Book X of the Health Code, and, when applicable, according with the Criminal Code as an attack on public health. The crime in question punishes anyone who endangers public health by violating the rules of hygiene or health, duly published by the authority, in times of disaster, epidemic or contagion, with imprisonment or a fine from six to twenty monthly tax units (unidades tributarias mensuales). Contacts For more information, please contact: Ignacio Schwerter Counsel ischwerter@dlapiper.cl * This report provides general information on certain legal or commercial matters in Chile, and not intended to analyze in detail the matters contained in it, not is it intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA 2020.

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Permisos sin goce de sueldo y baja de salarios: las medidas en que piensan las empresas para afrontar la crisis (Diario Financiero)

19 March, 2020

Luis Parada in Diario Financiero comments on some of the measures taken by the companies to face the Coronavirus health crisis. Diario Financiero

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Legal Alert: CMF authorizes corporations under its control to use electronic signature for board of directors meetings minutes

26 February, 2020

February 25, 2020 / By Matías Zegers and M. del Pilar Paredes On February 13, 2020, the Commission for the Financial Market (“CMF”) issued General Rule No. 434 (“NCG 434”) that authorizes corporations that are under its control, the use of electronic signature for the subscription of minutes of board of directors meetings. The NCG 434 permanently authorizes the use of electronic signature for the subscription of board of directors meeting minutes of corporations under its control, which, to date, according with the provisions of the final paragraph of Article 48 of Law No 18,046 on Corporations, was not allowed, and was optional for the CMF to do so. The CMF establishes in NCG 434 that the use of the electronic signature must be carried out through mechanisms that comply with the conditions set forth in Law No 19,799 on Electronic Documents, Electronic Signature and Certification Services of said Signature. Therefore, in accordance with the provisions of Article 2 letter f) of said Law, any electronic sound, symbol or process that allows the recipient of any electronic document to at least formally identify its author, will be sufficient. NCG 434 is clear, and in order to avoid doubts about the verification of the identity of the director who electronically signed the minutes, it expressly states that, in those cases in which no advanced electronic signature is used, the sounds, symbols or electronic processes that are employed for this purposes, must be previously agreed by the board. Additionally, states that the general manager, or who offices as secretary in the respective session, must record in the minutes the fact that said electronic signature corresponds to the director who appears subscribing it. Contacts We hope you find this information helpful: Matías Zegers Partner mzegers@dlapiper.cl * This report provides general information on certain legal or commercial matters in Chile, and not intended to analyze in detail the matters contained in it, not is it intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA 2020.

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American Tower compra más de 3.200 antenas a Entel (Lex Latin)

9 January, 2020

The U.S. wireless infrastructure company American Tower Corporation (ATC) purchased more than 3,000 telecommunication towers from Grupo Entel in Peru and Chile for US$772 million. In total, ATC acquired 3,242 towers, 1,262 located in Peru and 1,980 in Chile. DLA Piper Chile and DLA Piper Peru advised American Tower in the operation. Lex Latin

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