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Hiring, evaluation or termination of staff in Ecuador: related rules

Using AI to target job ads, screen resumes, interview, score candidates or evaluate performance, promotions and terminations. It is the use case with the most laws in force worldwide because of its impact on the right to work and the risk of discrimination.

Risk classification

JurisdictionLevelDateNote
EcuadorData protectionMarch 10, 2026Data Protection Law Art. 20 (automated decisions), impact assessment for profiling with legal effects and the SPDP general rule on AI.

Obligations related to this use case

Respect the right not to be subject to automated decisions

LOPDPLOPDP, arts. 20 y 21In force

Already applicable

When it relates
Organizations that use AI to profile people or make decisions with legal effects or that affect their rights.
What the rule provides
  • Tell people about this right no later than the first communication with them.
  • Let the person request a reasoned explanation, submit comments, learn the assessment criteria and the types and sources of data, and challenge the decision.
  • Do not include waivers of this right in standard-form contracts. Automated decisions about minors require express consent from their legal representative.
Typical evidence
  • Privacy notice stating the art. 20 right
  • Review request procedure and log
Verification
Verified in the official source on November 4, 2026Checked against the Official Register copies published by the SPDP: LOPDP (Fifth Supplement 459), art. 20 (explanation, comments, criteria, challenge; disclose the right in the first communication; no waivers in standard-form contracts) and art. 21 (children and adolescents).

Run an impact assessment before high-risk processing

LOPDPLOPDP, art. 42; Reglamento LOPDP, arts. 29 a 32In force

Already applicable

When it relates
Mandatory before profiling people with legal effects, processing sensitive data at large scale or monitoring public areas at large scale (for example, AI video surveillance).
What the rule provides
  • Assess the impact before processing starts, with a description of the operations, justification of necessity and proportionality, risks and measures.
  • File the assessment with the Superintendency when it is mandatory; if unsure, you can ask the authority.
Typical evidence
  • Dated impact assessment and proof of filing
Verification
Verified in the official source on November 4, 2026Checked against the Official Register copies published by the SPDP: LOPDP, art. 42 (mandatory cases, before processing) and Regulation (Third Supplement 435), arts. 29-32 (query when in doubt, art. 31; filing with the Authority, art. 32).

AI impact assessment when the risk calls for it

SPDP AI ruleRes. SPDP-SPD-2026-0009-R, arts. 6 y 7.2, reformados por la SPDP-SPD-2026-0037-R; LOPDP, art. 42In force

Applies from March 10, 2026

When it relates
AI systems that profile people with significant effects or process sensitive, biometric or children's data.
What the rule provides
  • Carry out the impact assessment when the risk level requires it, before processing.
Typical evidence
  • Impact assessment of the AI system
Verification
Verified in the official source on November 4, 2026Checked against the text of Res. SPDP-SPD-2026-0009-R published by the SPDP, art. 7.2 (impact assessment "where applicable") and art. 6 as worded by 0037-R ("where appropriate, the impact assessment"), with LOPDP art. 42. Res. 0037-R confirms its publication in Official Register No. 240 of Mar 10, 2026.

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