Legal analysis · Cybersecurity # Computer crimes and cybersecurity: key points for your company By [Jorge Villegas San Martín](https://rvsolucioneslegales.cl/en/team/jorge-villegas-san-martin/) June 26, 2026 2 min read A practical analysis of Law No. 21,459 on computer crimes and of the new cybersecurity framework regulation, and how they impact risk management, technology contracts and corporate criminal liability. ## Key takeaways - Law No. 21,459 repealed the former Law 19,223 and criminalized unlawful access, unlawful interception, attacks on the integrity of data and systems, computer forgery, computer fraud and misuse of devices. - After an incident, how digital evidence is collected and preserved determines its evidentiary value: the protocols have to exist beforehand, not afterwards. - Law No. 20,393 added several computer crimes to the catalogue that can trigger criminal liability for legal entities, so crime prevention models must be updated to cover technology risk. The entry into force of **Law No. 21,459 ([Ley N° 21.459](https://www.bcn.cl/leychile/navegar?idNorma=1177743))**, which established a new catalog of computer crimes, together with **Law No. 21,663 ([Ley N° 21.663](https://www.bcn.cl/leychile/navegar?idNorma=1202434)), the Cybersecurity Framework Law** (which creates the National Cybersecurity Agency, ANCI), has transformed how companies must manage their technology risks. This article summarizes the practical key points for boards, senior management and compliance teams. ## A new catalog of offenses Law No. 21,459 repealed the former Law No. 19,223 (Ley 19.223) and criminalized conduct such as unlawful access to computer systems, unlawful interception, attacks on the integrity of data and of systems, computer forgery, computer fraud and misuse of devices. For companies, this means that the conduct of third parties, as well as that of their own employees, can carry significant criminal consequences. ## Impact on risk management - **Preservation of digital evidence**: when an incident occurs, the way evidence is collected and preserved determines its evidentiary value. Having protocols in place beforehand is essential. - **Technology contracts**: agreements with software, hosting and cloud service providers must properly allocate security responsibilities. - **Internal policies**: a clear, well-known and enforced information security policy reduces exposure and strengthens the company’s position before regulators and courts. ## Corporate criminal liability Law No. 20,393 ([Ley N° 20.393](https://www.bcn.cl/leychile/navegar?idNorma=1008668)) added several computer crimes to the catalog of offenses that can trigger **criminal liability for legal entities**. Crime prevention models must therefore be updated to include technology risks, with controls, training and a prevention officer who actually oversees these matters. ## Recommendation We recommend that companies carry out a compliance diagnosis covering both the technical and the legal dimensions, and update their prevention models. A planned incident response not only reduces criminal risk; it also protects business continuity and the trust of clients and regulators. --- *This article is general and informational in nature and does not constitute legal advice for any specific case. If your company is facing an incident or needs to comply with these regulations, **[contact us](https://rvsolucioneslegales.cl/en/contact/)** for a specific analysis.* This analysis was originally published in Spanish. [Read the Spanish version →](https://rvsolucioneslegales.cl/publicaciones/delitos-informaticos-ciberseguridad-empresas/) Have a related matter? Explore our [Cybersecurity and Computer Crime →](https://rvsolucioneslegales.cl/en/practice-areas/cybersecurity-computer-crime/) practice --- Source: R&V Soluciones Legales, law firm · Hochstetter 1002, K Business Center, Oficina 708, Temuco, Chile · Phone and WhatsApp: +56 9 8231 2974 · Book a consultation: · Site index for AI assistants: *The information on this site is general in nature and does not constitute legal advice. Every case requires a specific analysis.*