Database

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CHILE

Reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 41, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CHILE

Since January 2003, as amended in March 2022

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Labour Code (Código del Trabajo)
According to Art. 152 of Chapter X (included in September 2022 by Law No. 21,431) of the labour code of Chile, the employment contract of dependent digital platform workers shall indicate an official channel where the worker can present his/her objections, claims or requirements. The indicated channel must have a physical place of attention, a local telephone and a company representative responsible for attending to the described purposes. The law defines a digital service platform company as an entity that operates or manages a computer or technological system executable on mobile or fixed device applications for a fee.
Coverage Digital service platform companies

CHILE

Since March 1997, last amended in April 2021
Since March 2022

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Act No. 19,496 on Consumer Protection (Ley 19.496 Establece Normas sobre la Protección de los Derechos de los Consumidores)

Regulation on Electronic Commerce (Reglamento de Comercio Electrónico)
The Regulation on Electronic Commerce and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 1 of the Regulation, its purpose is to strengthen the transparency and quality of the information provided to Consumers in Electronic Commerce Platforms regarding the characteristics, essential features, price of the products and services offered and all other relevant information to encourage informed decision making, with a view to the purchase of products or services.
Coverage Horizontal

CHILE

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Chile has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CHILE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CHILE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CHILE

Since June 2016, entry into force in February 2019

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution Exempt No. 1463 (Resolución Exenta No. 1463)
According to Art. 8 of Resolution No. 1,463 of 2016, foreigners travelling to Chile who wish to use their phone or other mobile device with a local SIM card must register the device in the system for it to continue operating in Chile beyond 30 days after activation on the network. This registration process requires a copy of the identity card of the individual who brought the device into the country, along with a copy of their passport.
Coverage Telecommunications sector

CHILE

Since April 2023

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Transportation Application Transportation Companies Law (Ley de Empresas de Transporte de Aplicación EAT)
According to the App Transportation Companies Act (EAT), which regulates paid passenger transportation services offered through applications, any company wishing to provide passenger transportation services through applications must be registered in the Registry of App Transportation Companies supervised by the Ministry of Transport and Telecommunications and be domiciled in Chile (Art. 4).
According to Art. 1 of the law, an application transport company covers any legal person that provides or makes available to persons a digital platform service, computer system or technology of any kind, which allows a passenger to contact the owner, manager or driver of a small passenger transport vehicle, to be transported from a given origin to a given destination, upon payment of a fee for the service received.
Coverage App transportation companies

CHILE

Since June 2016, last amended in December 2021

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Resolution No. 1,463 on Multiband Homologation and Certification of Mobile Devices (Resolución No. 1.463 Exenta Fija norma técnica que regula las especificaciones técnicas mínimas que deberán cumplir los equipos terminales utilizados en las redes móviles)
Resolution 1,463 states that mobile devices destined for public mobile telephony and data transmission services to be distributed or commercialized in the Chilean market must: be homologated, certified and validated by an authorised entity (SUBTEL), among other requirements. There is a transparent protocol of homologation (Annex II of the Resolution). According to Art. 6, a certificate of a country where a Mutual Recognition Agreement (MRA) applies is accepted for the purpose of homologation.
Coverage Mobile devices

CHILE

Since October 2017, last amended in July 2021

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Resolution No. 1,985 Establishing Technical Standards for Small-Scale Equipment (Resolución No. 1.985 Exenta Fija Norma Técnica de Equipos de Alcance Reducido)
Importers of products listed in Art. 1 of Resolution 1,985 need to obtain a certificate issued by the regulator SUBTEL. These products include several ICT products such as portable transceivers, remote controls, wireless microphones, wireless telephones, and RFID equipment, among others. If a device can be classified under these categories, a homologation certificate will be issued upon obtaining a certificate of conformity from a registered Chilean testing facility. If a device cannot be classified under these categories, then the manufacturer must obtain “special authorisation” from SUBTEL. When there is a Mutual Recognition Agreement (MRA), no further authorisation is needed (Art. 2). It is possible to use existing test reports by laboratories with international validation for the certification process (Art. 6). Technical documents are reviewed and validated in the approval process.
It is reported that these products must be homologated: portable transceivers; remote radio controls; wireless microphones; wireless telephones, including some DECT systems; RFID equipment; radio alarms; communication systems for medical implantation; other equipment used for medical applications; equipment used as radar systems in vehicles; Zigbee devices.
Coverage ICT products

CHILE

Since August 1970, last amended in November 2017

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Act No. 17,336 on Intellectual Property (Ley de Propiedad Intelectual)
Chile has a safe harbour regime in place for intermediaries for copyright infringements. According to Art. 85 L of Act No. 17,336, the intermediary has an 'effective knowledge' and is therefore liable only if it has been notified by a court order but has not properly executed the order.
Coverage Internet intermediaries

CHILE

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Chile's law and jurisprudence. The scope of the safe harbour regime in place under Act No. 17,336 only applies to intellectual property rights.
Coverage Internet intermediaries

CHILE

Since August 1970, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Act No. 17,336 on Intellectual Property (Ley de Propiedad Intelectual)
Chile has a copyright regime under Law No. 17,336. However, the exceptions do not follow the fair use or fair dealing model and, therefore, limit third parties' lawful use of copyrighted works. Title III lists the exceptions, including the reproduction of: lawfully published works which are made for the benefit of persons with visual, hearing or other disabilities; works of architecture by means of photography, cinema, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education; among others.
Coverage Horizontal

CHILE

Reported in 2018, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
There are concerns about the adequacy and effectiveness of the protection and enforcement of IP in Chile. Furthermore, there are concerns about the lack of effective remedies to deal with the illegal circumvention of technological protection measures and about an ineffective Internet Service Provider liability regime against online piracy. Chile passed legislation establishing criminal penalties for the importation, commercialisation, and distribution of decoding devices used for the theft of encrypted program-carrying satellite signals, but it is reported that it lacks information about the full scope of activities criminalised in the implementation of the law and that it should provide remedies or penalties for willfully receiving or further distributing illegally decoded encrypted program-carrying satellite signals. Concerns remain regarding the availability of effective administrative and judicial procedures, and deterrent-level remedies to rightholders and satellite service providers.
Coverage Horizontal

CHILE

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Chile has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

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