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The National Authority for Transparency and Access to Information (“ANTAI”) has issued Resolution No. ANTAI-DG-003-2026 dated March 26, 2026 (the “Resolution”), approving and implementing the use of the Ibero-American Data Protection Network (“RIPD”) Standard Contractual Clauses for international transfers of personal data.
This initiative forms part of the ongoing development of the framework established by Law 81 of March 26, 2019 (“Law 81”), as regulated by Executive Decree No. 285 of May 28, 2021 (the “Executive Decree 285” and, together with Law 81, the “Data Protection Framework”). The Resolution recognizes these clauses as a reliable and adequate mechanism to enable the international transfer of personal data under clear legal safeguards and effective protection of data subjects.
Key Highlights
A central element of the Resolution is the formal recognition of standard contractual clauses as a valid tool to legitimize international transfers of personal data. This provides greater legal certainty for both public and private entities engaged in cross-border data flows.
These clauses are designed to address different transfer scenarios, including transfers between data controllers, and transfers between data controllers and data processors. This flexibility allows their adoption across a wide range of corporate structures and business models.
Moreover, their implementation represents a significant step toward aligning Panama with international and Ibero-American data protection standards, strengthening its position within increasingly integrated digital economies.
Key Business Benefits
From a business perspective, the adoption of these clauses offers several advantages:
- Enhanced Legal Certainty
A standardized contractual framework reduces uncertainty in international data transfers. - Operational Efficiency
Minimizes the need to negotiate individual agreements for each transaction, simplifying management in complex or multinational operations. - Regulatory Compliance
Provides organizations with a practical mechanism to demonstrate compliance with Panama’s Data Protection Framework. - Support for Digital Transformation
In the current context of digital transformation, these clauses enables smoother cross-border data flows, which are essential for digital services, technology platforms, and regional operations. - International Interoperability
Aligns Panama with jurisdictions that have already adopted similar transfer mechanisms, facilitating global business integration.
Practical Implications
In practice, organizations transferring personal data outside Panama should evaluate the incorporation of these clauses into their contractual arrangements as part of their compliance strategies.
Beyond a mere contractual formality, their adoption should be understood as an integral component of data governance and management programs, aligned with international best practices and local regulatory requirements.
For more information on how these developments may impact your organization, please contact our Technology, Telecommunications & Data Protection team.