Regulators, Enforcement Priorities and Penalties
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Regulators, Enforcement Priorities and Penalties Start Comparison
Who are the main data privacy, non-personal data and/or cybersecurity regulator(s) in the jurisdiction?

Last review date: 13 January 2025

Pubic Ministry (Public Prosecutor Office)

National Cybersecurity Council

Venezuelan Courts

Ministry of Communication

Superintendency of Banking Institutions of Venezuela (Banking Information)

How active is each of the regulator(s)?

Last review date: 13 January 2025

Regulators in Venezuela are moderately active. Most of the time, they react to actions or claims filed by parties whose rights and interests are affected. In cases of general public interest, regulators submit a general inquiry for the public to express their consent or rejection of the proposal.

☒ Moderately active 

What are each of the regulator's anticipated enforcement priorities for the next 12 months?

Last review date: 13 January 2025

The National Cybersecurity Council is expected to implement cybersecurity measures to protect the nation from technology attacks and cybersecurity risks.

What trends are you seeing in regulatory investigations relating to data & cyber?

Last review date: 13 January 2025

We anticipate a shift in the government’s cybersecurity approach in the next 12 months, focusing on protecting government information and implementing fines and penalties for those who attack or disrupt government technology services. However, we do not expect any changes in the data privacy space in the next few months.

Regulatory investigations or direct enforcement activity by data or cyber regulators are:

         Rare

Class actions/group actions under data or cyber regulation are:

         Rare

What are the potential penalties/remedies for non-compliance with the key data and cybersecurity laws in the jurisdiction?

Last review date: 13 January 2025

There are:

☒   administrative remedies from regulators and law enforcement
There is no specific administrative entity in charge of privacy matters.

Privacy cases will most likely be decided in court, which will determine any applicable precautionary measures depending on the specific case.

☒   criminal penalties from regulators and law enforcement

Failure to comply with provisions of the Law of Data Processing Crimes results in imprisonment ranging from two years to a maximum of six years.

Failure to comply with the provisions of the Law Protecting the Privacy of Communications subjects the offender to imprisonment ranging from a minimum of three months up to a maximum of five years.

☒   private remedies

The Law of Data Processing Crimes provides for civil sanctions that range from 200 tax units to 600 tax units. Currently, a tax unit is equivalent to Bs. 9 (less than 1 USD dollar), subject to subsequent annual adjustments made by the Tax Administration normally within the first quarter of each year and according to the inflation of the preceding year.

Furthermore, in case of a civil judicial procedure, the court will determine the indemnification to be awarded to a plaintiff if damages are proven.

If data subjects have private remedies, what form can these remedies take?

Last review date: 13 January 2025

☒   individual personal actions

☒   representative actions (e.g., brought by a consumer / data privacy body or the supervisory authority)

☒   class actions