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With Resolution No. 263/2023 ("Resolution"), published on 17 March in the Official Gazette, the National Communications Entity (Ente Nacional de Comunicaciones (ENACOM)) approved a new Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number ("Regulation," "Users" and "Services" respectively).
Providers of the Services ("Providers") are granted 60 days to adapt their nomination and validation systems to the terms of the Regulation.
The Regulation aims to address the growing number of crimes that are being committed recently (e.g., SIM cloning or SIM swapping).
The Regulation requires Providers to adjust their existing protocols for the registration of new mobile numbers and for changes of certain conditions in which the Services are provided. This means implementing new guidelines for the collection of personal data and identity validation of Users to mitigate risks of fraud and impersonation. The Resolution sees biometric data as a suitable instrument to prevent digital crimes, if Users have mobile terminals with adequate technology.
Among the provisions of the Regulation, we highlight the following:
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