Venezuela has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Venezuela has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Art. 14 of the Constitutional Law Against Hate for Peaceful Coexistence and Tolerance prohibits the dissemination of messages via social networks and electronic media that promote war or incite hatred based on national, racial, ethnic, religious, political, social, ideological, gender, sexual orientation, gender identity, gender expression, or any other form of discrimination, intolerance, or violence. As a result, entities managing social networks and electronic media are required to adhere strictly to this provision, taking appropriate measures to prevent the dissemination of such content. They must promptly remove any propaganda or message that contravenes this law.
Art. 22 of the law specifies that intermediaries who fail to remove messages containing war propaganda or promoting hate speech within six hours of dissemination will face sanctions ranging from 50,000 to 100,000 Tax Units (approx. USD 1,800 to USD 3,600, based on the December 2022 exchange rate published by the Venezuelan Central Bank, subject to change). In addition to criminal and civil liabilities, portals disseminating such messages may be blocked. This provision may be interpreted as imposing a monitoring obligation on intermediaries.

The Venezuelan government reportedly regularly blocks digital media, VPNs and online platforms. Several private ISPs, such as Movistar and Digitel, continued to block news websites that had previously only been blocked by CANTV. A September 2023 report by VSF, covering 2022 and the first half of 2023, detailed widespread online censorship by the Venezuelan government. According to the report, at least 100 URLs of more than 70 websites were blocked in 2022, affecting independent media such as Efecto Cocuyo, Armando.info and El Pitazo, as well as international media such as Infobae and El Tiempo. In the first quarter of 2023, other sites, such as El Diario, were also blocked by CANTV.
Likewise, it is reported that during 2022, interruptions were reported on platforms such as SoundCloud and Reddit. Experts say censorship is becoming more sophisticated and complex to circumvent, requiring VPNs and anonymisation services. TunnelBear and Psiphon's domains remained blocked in 2022, and CANTV also blocked their API.

The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Venezuela for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Venezuela has experienced internet shutdowns during key national events, such as elections and protests. It is reported that in October 2023, multiple internet outages were reported in various parts of Caracas, coinciding with primary voting for opposition candidates.

According to Art. 1 of the Official Gazette No. 39,880, public sector entities and state-owned enterprises, including those related to digital services such as those in the telecommunications sector, are not required to present or maintain import licenses, to pay tariffs, or to present any documents or certificates related to the regulation of customs and duties. It is reported that it creates significant competitive disadvantages for private sector entities, which are typically denied similar treatment.

According to Arts. 34-35 of the Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones), the National Telecommunications Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. However, Art. 40 provides that the Board of Directors is made up of the General Director of the National Telecommunications Commission, who presides over it, and four directors who are freely appointed and removed by the President of the Republic.

According to Art. 97.8 of Decree No. 1402, banking institutions are prohibited from transferring their principal computer centres and databases, either in electronic form or as users' physical documents, to a foreign territory. The Superintendency of Banking Sector Institutions is in charge of issuing regulations to determine which computer centres and databases qualify as principal in accordance with a binding opinion issued by the Central Bank.
The repealed Banking Sector Institutions Law of 2010 contained a similar restriction in Art. 99 with the difference that it prohibited the transfer of all computer centres and databases and not only those determined to be principal. The 2010 law was reformed in 2011 by Decree 8.079, which maintained the restriction in Art. 99. This 2011 decree was repealed by Decree No. 1.402 of 2014.

Based on the safety and confidentiality principle (No. 7) set forth in Decision No. 1318, the transfer of personal data to other countries requires the data owner's prior consent and that the recipient country has rules guaranteeing, at least, the same level of protection of personal data as Venezuelan regulations.

Venezuela has not joined any agreement with binding commitments to open transfers of data across borders.

There is not a comprehensive data protection framework in Venezuela. However, there are isolated provisions in some existing laws that regulate certain aspects related to data protection, e.g., in the telecommunications sector through the Regulation for the Protection of the Rights of Users in the Provision of Telecommunications Services 2018. In addition, the Constitution of the Bolivarian Republic of Venezuela establishes general principles that serve as a framework for the protection of information. These principles were developed by decision No. 1318 of the Supreme Court of Justice, guarding the honour, privacy, intimacy, self-image, confidentiality, and reputation of individuals.

Administrative Ruling No. 171 establishes mandatory data retention obligations for telephone companies, including those offering mobile telephone services. Arts. 9, 12, and 13 stipulate that the data to be retained encompasses Internet Protocol (IP) addresses, connection dates and times, geographic locations, and records of calls and text messages sent or received. In addition, the Ruling mandates that operators furnish retained data to security services upon request, without explicitly requiring judicial authorisation.

Art. 7 of Administrative Ruling No. 171 establishes that the operators of mobile and fixed telephony services, through wireless networks or non-geographic numbers with nomadic voice services, must immediately provide particular information of the applicants to State security agencies that may require it during a criminal investigation. The need for a judicial order is not specified.

It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Venezuela's law and jurisprudence.

It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Venezuela's law and jurisprudence.