Database

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PERU

Since November 2024, entry into force in March 2025

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Supreme Decree No. 016-2024-JUS which Approves the Regulation of Law No. 29733 (Decreto Supremo No. 016-2024-JUS - Reglamento de la Ley No. 29733 de Protección De Datos Personales)
Art. 37 of the Regulation of Law No. 29733 provides that the personal data bank holder or data controller, as well as the data processor, must appoint a personal data protection officer in certain circumstances. These include: (i) where a public entity carries out the processing; (ii) where the controller, data bank holder, or processor engages in the processing of large volumes of personal data, whether in terms of quantity or type, or where such processing may affect a large number of individuals, involves sensitive data, or may result in an apparent detriment to the rights or freedoms of the data subject; and (iii) where the core activities or primary business operations of the controller, data bank holder, or processor consist of the processing of sensitive personal data.
Coverage Horizontal

PERU

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Peru's law and jurisprudence. In addition, complaints are reported regarding long-standing enforcement problems with the intellectual property (IP) provisions of the Peru-US Free Trade Agreement (Chapter 16, Art. 16.11.29), in particular with respect to the establishment of statutory damages for copyright infringement and trademark counterfeiting, and the notice and takedown and safe harbour system for Internet Service Providers (ISPs). Moreover, this is reiterated with respect to the rules relating to ISP liability in the EU-Peru-Colombia-Ecuador Agreement (Section 29). Finally, the Comprehensive Trans-Pacific Partnership Agreement, Chapter 18, Art. 18.82, includes relevant provisions limiting ISP liability and promoting a safe harbour for ISPs. However, the national implementation of intermediate liability rules for service providers is still pending, and there is no clear timetable.
Coverage Internet intermediaries

PERU

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 infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Peru's law and jurisprudence.
Coverage Internet intermediaries

PERU

Since October 2022

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution of the Board of Directors No. 172-2022-CD-OSIPTEL (Resolución de Consejo Directivo No. 138-2012-CD-OSIPTEL)
Under Resolution No. 172-2022-CD/OSIPTEL, issued by the Supervisory Agency for Private Investment in Telecommunications (Organismo Supervisor de Inversión Privada en Telecomunicaciones, OSIPTEL), mobile operators must maintain updated subscriber registries for prepaid, control and postpaid services. Annex 5, point 2.7 requires these registries to include the subscriber’s identification data, telephone number, activation date and time and, where applicable, the biometric verification record. The service may be activated only after the applicant’s identity has been verified and the required information registered.
Annex 5, points 3.1–3.4 require operators to verify applicants using fingerprint biometrics against the National Registry of Identification and Civil Status (Registro Nacional de Identificación y Estado Civil, RENIEC) database, subject to limited exceptions. The framework also requires the registration of information on the mobile terminal used to provide the service, including its International Mobile Equipment Identity (IMEI), electronic serial number, International Mobile Subscriber Identity (IMSI), brand, model, contract modality and service status. This information supports the National Registry of Mobile Terminal Equipment for Security (Registro Nacional de Equipos Terminales Móviles para la Seguridad, RENTESEG).
Coverage Telecommunications sector

PERU

Since July 2007, amended in April 2016
Since April 2016, last amended in January 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Consolidated Text of the General Regulations of the Telecommunications Law, approved by Supreme Decree No. 020-2007-MTC
(Texto Único Ordenado del Reglamento General de la Ley de Telecomunicaciones, aprobado por Decreto Supremo No. 020-2007-MTC)

Directoral Resolution No. 0005-2022-MTC/27 amending Arts. 1 and 3 of Directoral Resolution No. 163-2016-MTC/27
(Resolución Directoral No. 0005-2022-MTC/27, que modifica los Arts. 1 y 3 de la Resolución Directoral No. 163-2016-MTC/27)
Under Art. 245(1)(a) and (3)(a) of the Consolidated Text of the General Regulations of the Telecommunications Law, approved by Supreme Decree No. 020-2007-MTC, and Art. 1 of Directoral Resolution No. 0005-2022-MTC/27, certain telecommunications equipment requires a prior “internamiento” permit, even if it has already been type-approved. The covered products include cellular base stations, wireless modems and repeaters, Very Small Aperture Terminal (VSAT) equipment, radiotelephones, telecommunications antennas, radio and television transmitters, satellite receivers and TV box adapters. Applicants must generally be registered telecommunications equipment dealers or hold a relevant telecommunications concession, authorisation or value-added services registration. Equipment imported for private use is exempt where the quantity does not exceed five units per trip or shipment. Applications must be submitted electronically through the Single Window for Foreign Trade (VUCE).
Coverage Telecom equipment

PERU

Since April 1993, last amended in January 2014
Since January 2006, last amended in June 2019
Since July 2008

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telecommunications Law Supreme Decree No. 013-93-TCC (Ley de Telecomunicaciones Decreto Supremo No. 013-93-TCC)

Supreme Decree No. 001-2006-MTC - Specific Regulations for Homologation of Telecommunications Equipment and Apparatus (Decreto Supremo No. 001-2006-MTC - Reglamento Específico de Homologación de Equipos y Aparatos de Telecomunicaciones)

Ministerial Resolution No. 521-2008-MTC/03 (Resolución Ministerial No. 521-2008-MTC/03)
According to Art. 63 of the Telecommunications Law, all equipment or apparatus that must be connected to a public network to provide any service, or that is used to emit radioelectric energy, must have the corresponding approval certificate (“certificado de homologación”). According to Art. 75 of the Law, this procedure is carried out by the Peruvian Government through the Ministry of Transport and Communications, which can delegate powers to entities and laboratories for measurements and tests.
According to Art. 8 of the Specific Regulations for Homologation of Telecommunications Equipment and Apparatus, the homologation of telecommunications equipment and/or devices that produce radioelectric emissions is subject to the payment of a processing fee, and applicants must submit a copy of the technical manual with specifications for the equipment or appliance to be approved, indicating the mark, model, and name and address of the manufacturer. Ministerial Resolution N. 521-2008-MTC/03 established the recognition of approval certificates or similar documents for telecommunications equipment and devices from the United States and Canada.
Coverage Telecom equipment

PERU

Since July 2020, last amended in December 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Supreme Decree No. 192-2020-EF - Approval of the Regulations for the special customs regime for express delivery shipments and other provisions (Decreto Supremo No. 192-2020-EF - Aprueban el Reglamento del régimen aduanero especial de envíos de entrega rápida y otras disposiciones)
Peru implements a de minimis threshold, that is the minimum value of goods below which customs do not charge duties, equal to USD 200. Under the courier regulation approved by Supreme Decree No. 192-2020-EF, shipments are classified by category, and Category 2 covers goods with a FOB value of up to USD 200 per shipment, which are not subject to import duties. This threshold aligns with the International Chamber of Commerce (ICC) recommended global baseline de minimis level of USD 200 or more.
Coverage Horizontal

PERU

Since January 2025, entry into force in April 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 009-2025-EF (Decreto Supremo Nº 009-2025-EF)
Art. 75 of Supreme Decree No. 009-2025-EF provides that for service (including consultancy) to be performed outside Lima and Callao with a value is up to PEN 200,000 (approx. USD 60,000), the standard tender documents can grant a 10% scoring bonus (calculated over the total score) to bidders domiciled in the province where the service is delivered, or in neighbouring provinces, even if they are in a different department/region. For this purpose, the bidder’s domicile is the one recorded in its RNP registration certificate.
Coverage Horizontal

PERU

Since December 2013, last amended in September 2022
Since July 2003, as amended in June 2007
Since January 2025, entry into force in April 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 013-2013-PRODUCE (Decreto Supremo No. 013-2013-PRODUCE)

Law No. 28,015 (Ley No. 28,015)

Supreme Decree No. 009-2025-EF (Decreto Supremo Nº 009-2025-EF)
Pursuant to Art. 22 of Supreme Decree No. 013-2013-PRODUCE (implementing Art. 21 of Law No. 28,015, as amended by Law No. 29,034), State entities must grant preferences to micro and small enterprises (MSEs) in the procurement of goods and services, and in works contracting and consultancy, provided that the MSEs meet the applicable technical specifications.
The Decree further requires public entities to programme at least 40% of their procurements to be fulfilled by MSEs, with priority for regional and local MSEs in the locality where the procurement is conducted or the public works are executed. In addition, State entities must allocate at least 40% to manufacturing micro, small and medium-sized enterprises (MSMEs) that produce goods or provide services within Peru, provided that they can supply them in terms of quality, timeliness, price, and competitiveness.
Art. 81 of Supreme Decree No. 009-2025-EF further provides that, if two or more offers tie, the award goes (in order) to the best technical score, then to a micro/small enterprise integrated by persons with disabilities, then to a micro/small enterprise (or a consortium fully composed of them).
Both the Law and the Decree are to be repealed by Law No. 32353 of May 2025, which enters into force the day after its implementing regulation is published. However, the implementing regulation has not yet been published.
Coverage Horizontal

PERU

Reported in 2013, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
Foreign companies have reported challenges in Peru’s public procurement system since at least 2013, when firms have identified corruption as a significant concern, particularly in government procurement processes, with defence and police procurement considered among the most problematic areas. Since 2019, private-sector stakeholders have also described government procurement processes as cumbersome and inefficient, citing procedural complexity, delays in decision-making and difficulties participating in certain procurement mechanisms.
Coverage Horizontal

PERU

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Peru is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

PERU

Since September 1991, last amended in May 2008

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Decree No. 662 (Decreto Legislativo No. 662)
According to Art. 1 of Legislative Decree No. 662, the State promotes and guarantees both existing and future foreign investments in all sectors of economic activity and in any business or contractual form permitted by national legislation. Furthermore, Peru reportedly maintains an open regime for both domestic and foreign private investment, without foreign ownership restrictions in any sector relevant for digital trade.
Coverage Horizontal

PERU

Since June 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Peru is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

PERU

Since May 1996, last amended in January 2021
Since December 1993

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Law Legislative Decree No. 822 (Ley sobre el Derecho de Autor Decreto Legislativo No. 822 )

Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351 - Régimen Común sobre Derecho de Autor y Derechos Conexos)
Peru has a copyright regime under the Decree No. 822. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 41-51 list the exceptions, which include the reproduction by reprographic means for teaching or examination purposes in educational institutions and the reproduction of a work for judicial or administrative proceedings, to the extent justified by the purpose to be achieved, among others.
Moreover, Peru is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal

PERU

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Peru. It is reported that pirated and counterfeit goods remain widely available in Peru, and right holders cite particular concerns regarding internet piracy and illicit recordings in cinemas.
Coverage Horizontal

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