Act No. 19,039 provides a framework for the effective protection of trade secrets. Arts. 86-88 refer to trade secrets as business secrets. A trade secret is any knowledge relating to products or industrial processes that, when kept secret, confers on its holder a competitive advantage. In order to claim the protection that the Chilean law grants to holders of trade secrets, it is necessary to meet these three requirements: 1) the information should always remain secret, which means that it should not be generally known or readily accessible to third parties; 2) the information must have trade value –or at least potential commercial value– for the SME, and it should be linked to the fact it is secret; 3) the holder of the trade secret must take “reasonable steps” to protect the information as confidential.

According to Art. 26 bis of Law No. 21.245, concessionaires of public telecom services that are assigned rights to use the radioelectric spectrum must allow access and use of their facilities to other public service concessionaires (or concessionaires that are interested in establishing themselves as such) for virtual mobile and automatic roaming operations.

It is reported that Chile does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Pursuant to Art. 21 of Law No. 18,168, telecom concessions may be granted only to private or public legal entities duly incorporated and domiciled in Chile. Moreover, according to Art. 24 (h), internet access providers are required to have a public telecommunications service concession or intermediate telecommunications service concession, as applicable, and they must guarantee a percentage of the average access speeds in accordance with Art. 24 (k).

Chile has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Chile has a telecommunications authority: The "Subsecretaría de Telecomunicaciones" (SUBTEL). However, it is reported that the decision-making process of this entity is not fully independent from the government.

Section IV.1.b.i of Chapter 20-7 of the Updated Compendium of Banking Regulations requires operators outsourcing data processing services outside the country to have a contingency data processing centre located in Chile. It is reported that this would not be very different from requiring the main centre to also be local. This requirement is for institutions that carry out activities abroad that are considered significant or strategic, and they must demonstrate a recovery time compatible with the criticality of the outsourced service.

Chile has made binding commitments to data flows in several preferential trade agreements. According to Art. 13.11 of the First Amending Protocol (which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance), the four parties (Chile, Colombia, Peru, and Mexico) commit to allowing cross-border information transfers through electronic means, including also the transfer of personal data for business activities. Moreover, in Art. 13.11.bis the parties commit to banning forced localisation of computer facilities in their national territories. Other binding commitments on data flows can be found in the Digital Economy Partnership Agreement (DEPA) together with Singapore and New Zealand, Art. 10.12 of the Chile - Brazil Bilateral Trade Agreement, Art.8.10 of the Trade Agreement between the Republic of Chile and the Oriental Republic of Uruguay, and Art.11.6 of the Trade Agreement between the Argentine Republic and the Republic of Chile, and Art. 14.11.2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

A comprehensive framework for data protection is in force under Act No. 19,628 Private Life Protection Act.

According to Art. 222 of the Criminal Procedure Code, telecommunication and internet service providers must store records documenting some users' data, including a list of the users' IP addresses, and register their IP numbers for at least one year.

Chile is a party to the Patent Cooperation Treaty (PCT).

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.

Chile is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).