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.

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.

The principal fixed-line telephony operator in Venezuela, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), remains under the control of the Venezuelan government, although no precise and up-to-date information is publicly available regarding the exact percentage of state ownership beyond the fact that it constitutes a majority stake. Privatised in 1991, Cantv was renationalised in 2008 through Decree No. 5974/2008, which placed the company and its subsidiaries under the authority of the Ministry of Telecommunications and Information Technology. Cantv also owns Movilnet, the country’s main mobile telephony operator. By 2022, when the state held 86.2% of Cantv’s shareholding, the government announced its intention to sell a portion of shares in both Cantv and Movilnet to private, including foreign, investors. The first sale of shares occurred in October 2022, followed by further offerings through the Caracas Stock Exchange in November and December 2023.

Venezuela does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation. The Organic Telecommunications Law establishes in the Final Provisions (13th) that the regulations of this Law may provide for the obligation of telecommunications operators to separate their accounting by services in order to guarantee transparency in their operations and allow effective control by the Comisión Nacional de Telecomunicaciones (National Telecommunications Commission) and by the Superintendencia para la Promoción y Protección de la Libre Competencia (Superintendency for the Promotion and Protection of Free Competition), in accordance with the rules established for such purpose.

Venezuela is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

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Art. 35 of the Constitutional Law of Productive Foreign Investment establishes that all foreign investment must comply with several conditions, among which is to contribute to national economic development. In this regard, Art. 40 states that the governing body has broad supervisory powers for the purpose of verifying compliance with this Constitutional Law.

Art. 19 of the Constitutional Law on Foreign Productive Investment establishes that in order to be registered, foreign investment must be for a minimum amount, CNY 6,500,000 or its equivalent in another foreign currency (approx. 940,000 USD).