What happens if a company doesn't pay a data protection fine?

An agency with a thinner public track record than Indecopi or Sunafil

Peru’s data protection authority imposes fines with some regularity, but our research for this page found no public, documented case of it actually reaching the point of seizing accounts or assets over nonpayment. That doesn’t mean it can’t — its own regulation says it can — but if you’re looking for something as detailed as what already exists for Indecopi or Sunafil, the publicly available information is thinner.

What the regulation actually says, word for word

Article 129 of the Regulation to Law No. 29733 states: “La ejecución de la sanción de multa se rige por la ley de la materia referida al procedimiento de ejecución coactiva” (Enforcement of the fine sanction is governed by the law on the matter of the coercive-execution procedure). It doesn’t name that law’s number. In Peru’s administrative system, the general law governing that procedure for public entities is Law No. 26979 — the same one already verified, article by article, for the Indecopi and Sunafil pages.

What that probably means

If Article 129’s referral applies without modification, this agency would have the same power as Indecopi and Sunafil: an enforcement officer could notify a coercive-collection order and give 7 business days to pay (Law 26979, Article 14), and if the deadline passes unpaid, order account freezes, liens on registered assets, intervention in the business, or deposit of movable assets (Article 33) — the same as on the Indecopi and Sunafil pages. We did not find, however, an article specific to this agency that expressly repeats these deadlines and mechanisms — this is a reasonable inference from the legal referral, not a direct quote from an article specific to this agency.

Meanwhile, the debt grows with automatic interest

Unlike the uncertainty around seizure, this part is confirmed word for word: Article 127 of the regulation establishes that default is automatic. From the day after the deadline to pay the fine, and without the company receiving any additional notice, the debt starts accruing moratory interest. The calculation is daily: take the current Moratory Interest Rate (TIM), divide it by 30 to get the daily rate, and multiply that daily rate by the unpaid amount every day, through the day of payment, inclusive.

The fine amounts

Article 39 of Law No. 29733 sets three bands: 0.5 to 5 UIT for minor infractions, over 5 to 50 UIT for serious ones, and over 50 to 100 UIT for very serious ones. At its most severe, the ceiling is higher than Sunafil’s, and it carries the same risk of accumulating interest if the company doesn’t pay on time. (Article 131 of the regulation, Supreme Decree No. 003-2013-JUS, governs something different: a coercive fine to force compliance with a resolution that is already final, not the scale of the sanction itself.)

What we’d do differently for an actual case

If your company got a fine from this agency and you want to know exactly where the collection process stands, don’t assume the procedure will mirror Indecopi’s or Sunafil’s step by step just because the reference law is the same. Ask the authority itself, in writing, to confirm the status of your file and which rules it’s actually applying to your case.