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ECUADOR

Since April 2022, entry into force in May 2022

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
Resolution No. 008-2022 COMEX (Resolución No. 008-2022 COMEX)
Pursuant to Arts. 1 and 2 of Resolution No. 008-2022 issued by COMEX, imports classified under "Category B" must be below the annual limit of USD 1.600 in FOB value per fiscal year. Category B refers to consignments weighing no more than four kilograms and with an FOB value not exceeding USD 400, or its equivalent in another currency, provided that such goods are not intended for commercial purposes.
Coverage Electonic commerce

ECUADOR

Since May 2021, entry into force in May 2021

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
According to Art. 42 of the Personal Data Protection Law, the controller shall perform a data protection impact assessment (DPIA) when its data processing has been identified as a high risk to the rights and freedoms of the data subject by its nature, context or purposes.
Under Art. 48, the data protection officer must be appointed in the following cases:
- When the processing is carried out by those who make up the public sector in accordance with the provisions of Art. 225 of the Constitution;
- When the activities of the person responsible or in charge of the processing of personal data require a permanent and systematised control due to the volume, nature, scope, or purposes of the processing, as established in this law, the regulations thereof, or in the regulations issued in this regard by the Superintendency;
- When there is large-scale processing of special categories of data, in accordance with the provisions of the regulations of this law;
- When the processing does not refer to data related to national security and defence of the State that are confidential or secret, in accordance with the provisions of the specialised regulations on the matter.
Coverage Horizontal

ECUADOR

Since December 2002, entry into force in December 2002, last amended in October 2008

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Regulation to the Electronic Commerce Law - Executive Decree No. 3496 (Reglamento a la Ley de Comercio Electrónico – Decreto Ejecutivo No. 3496)
Art. 8 of the Regulation to the Electronic Commerce Law provides that the provision by third parties of any type of electronic services, including the sending and receiving of electronic communications, the hosting of databases, the electronic registration of data, the hosting of websites on electronic media or other similar or related services, does not give rise to liability on the part of the service provider for the content of data messages. Liability rests exclusively with the owner of the information.
Coverage Internet intermediaries

ECUADOR

Since December 2002, entry into force in December 2002, last amended in October 2008

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Regulation to the Electronic Commerce Law - Executive Decree No. 3496 (Reglamento a la Ley de Comercio Electrónico – Decreto Ejecutivo No. 3496)
Art. 8 of the Regulation to the Electronic Commerce Law provides that the provision by third parties of any type of electronic services, including the sending and receiving of electronic communications, the hosting of databases, the electronic registration of data, the hosting of websites on electronic media or other similar or related services, does not give rise to liability on the part of the service provider for the content of data messages. Liability rests exclusively with the owner of the information.
Coverage Internet intermediaries

ECUADOR

Since July 2012

Pillar Intermediary liability  |  Indicator User identity requirement
Regulations Governing Subscribers to Telecommunications and Value‑Added Services - Conatel Resolution No. 477 (Reglamento Abonados Servicios Telecomunicaciones y Valor Agregado - Resolución del Conatel No. 477)
Art. 37 of "Regulations Governing Subscribers to Telecommunications and Value‑Added Services" establishes that, for the provision of services under a prepaid modality, the service provider must, prior to activation, adopt all necessary measures to ensure the full identification of the subscriber or client, who must at minimum provide their full name, national identity card number, or passport number in the case of foreign nationals, together with any additional information required for verification under the applicable regulations. Art. 5 further provides that the mechanisms or procedures for contracting supplementary services, whether in prepaid or postpaid form, must be set out in the standard service agreements (adhesion contracts), and these mechanisms must ensure the full identification of the subscriber or client when accepting the conditions proposed by the provider. For postpaid services, any means that reliably guarantee full identification and acceptance of the relevant terms and conditions by the contracting parties shall be deemed valid.
Coverage Telecommunications and value‑added services

ECUADOR

Since June 2013, entry into force in June 2013, last amended in February 2019
Since August 2023

Pillar Content access  |  Indicator Restrictions on online advertising
Organic Law on Communication (Ley Orgánica de Comunicación)

Decree No. 850 - General Regulations of the Organic Law on Communication (Decreto No. 850 - Reglamento General a la Ley Orgánica de Comunicación)
According to Art. 98 of the Organic Law on Communication, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realisation and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities, with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Art. 55 of the General Regulations of the Organic Law on Communication clarifies that "national" advertisements encompass those produced in countries with which Ecuador has signed an integration treaty. Although the regulation does not explicitly define what constitutes an integration treaty, it has been reported that the private sector interprets this provision as a relaxation of the advertising rules stipulated by the Law. This interpretation suggests that advertising produced in member countries of the Andean Community of Nations (CAN) — comprising Colombia, Peru, and Bolivia — as well as the Southern Common Market (MERCOSUR) — including Argentina, Brazil, Paraguay, Uruguay, Chile, Colombia, Guyana, Peru, and Suriname — may be disseminated within Ecuador.
Coverage Advertising sector

ECUADOR

Since May 2017, entry into force in June 2017

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Regulation on the Approval and Certification of Telecommunications Terminal Equipment - No. 03-03-ARCOTEL-2017 (Reglamento para la Homologación y Certificación de Equipos Terminales de Telecomunicaciones - No. 03-03-ARCOTEL-2017)
Art. 10 of the Regulation on the Approval and Certification of Telecommunications Terminal Equipment establishes that applicants possessing a type‑approval certificate issued by an international body recognised by the Telecommunications Regulation and Control Agency (ARCOTEL) need only attach that certificate to their application, with no further requirements. General Provision Two identifies the categories of terminal equipment requiring type approval, including devices for advanced mobile services (mobile telephones or other devices equipped with an IMEI that connect to the networks of advanced mobile service operators), carrier services, fixed telephony, satellite telecommunications, wireless Internet access (excluding computers and other indirect‑access devices), as well as equipment used in trunked and community communication systems. General Provision Three lists the international organisations recognised for type‑approval purposes, such as ANATEL, BIS, CMIIT, the European Community through Declarations of Conformity, ETSI, the FCC, KATS, Taiwan’s NCC, and Canada’s CEBIC.
Coverage Telecommunications terminal equipment

ECUADOR

Since October 2008, last amended in July 2011
Since February 2015, entry into force in February 2015, last amended in December 2019

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Constitution of the Republic of Ecuador 2008 (Constitución de la República del Ecuador 2008)

Organic Law of Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 313 of the Constitution of the Republic of Ecuador 2008, the State reserves the right to administer, regulate, control, and manage strategic sectors, including telecommunications. Furthermore, according to Arts. 316 of the Constitution of the State and Art. 14 of the Organic Law of Telecommunications, public telecommunications services are provided directly by the State, through public telecommunications companies, or indirectly through delegation to mixed economy companies in which it has a majority shareholding.
Coverage Telecommunications sector

ECUADOR

Since January 2010

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The Corporación Nacional de Telecomunicaciones (National Corporation of Telecommunications) is the dominant provider of fixed telecommunication services and is fully owned by the Ecuadorian Government. It was created by Executive Decree No. 218, which specifically establishes that the Ministry of Telecommunications and the Information Society, representing the State, is the sole shareholder.
La Empresa Pública Municipal de Telecomunicaciones, Agua Potable, Alcantarillado y Saneamiento de Cuenca (Etapa EP, Municipal Public Company of Telecommunications, Drinking Water, Sewage and Sanitation of Cuenca), created by a January 2010 ordinance, is another case in which the telecom operator is a state-owned enterprise. Initially created in February 1948 as Empresa Municipal de Electricidad, Agua Potable y Teléfonos (EMLAT), ETAPA EP provides municipal internet and fixed, wireless and public telephone services.
Coverage Telecommunications sector

ECUADOR

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Ecuador 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.
Coverage Telecommunications sector

ECUADOR

Since February 2015, entry into force in February 2015, last amended in December 2019
Since November 2019

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Organic Law of Telecommunications (Ley Orgánica de Telecomunicaciones)

Telecommunications and Frequencies Enabling Titles Regulation (Reglamento Títulos Habilitantes de Telecomunicaciones y Frecuencias)
Art. 40 of the Organic Communications Law provides that for the granting and renewal of licenses for the provision of telecom services, the Agency on Telecommunication Regulation and Control (Agencia de Regulación y Control de las Telecomunicaciones, ARCOTEL) will consider the need to address: technological development, market evolution, the National Telecommunications Plan, the needs for the sustained development of the sector and of the State and universal access to information and communication technologies, as well as the effective satisfaction of the public or general interest.
Art. 40 also establishes that in the case of applications for the granting of new licenses, it must be evaluated whether any company or group of companies related to the applicant of the license provides the same service or similar services and the effects that the granting of the new license required could have on the market. For this purpose, a sworn statement must be submitted. In this regard, Art. 24 of the Telecommunications and Frequencies Enabling Titles Regulation provides that no license for the rendering of telecommunications services shall be granted to natural or juridical persons who have a valid license for the rendering of the same service of the general telecommunications regime, without prejudice to the application of the criteria set forth in Art. 40 of the Organic Law of Telecommunications.
Coverage Telecommunications sector

ECUADOR

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Ecuador has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

ECUADOR

Reported in 2017, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Ecuador maintains a telecommunications regulatory authority, the Agency for the Regulation of Telecommunications (ARCOTEL). However, reports indicate that the decision-making processes of this body are not entirely independent from governmental influence. Established under Art. 142 of the 2015 Organic Law of Telecommunications, ARCOTEL is institutionally linked to the Ministry of Telecommunications and the Information Society (MINTEL). According to Arts. 145 and 146.8, the board of directors of ARCOTEL, which is responsible for appointing its executive director, is composed of the Minister of Telecommunications, the Secretary of Planning, and a representative designated by the President of the Republic. This governance structure may compromise the agency’s institutional independence.
Coverage Telecommunications sector

ECUADOR

Since May 2021, entry into force in May 2021
Since November 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
The Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)

Regulation of the Organic Law on the Protection of Personal Data (Reglamento de la Ley Orgánica de Protección de Datos Personales)
Chapter IX of the Organic Law on the Protection of Personal Data stipulates that personal data may be transferred internationally provided that adequate levels of protection are ensured. In instances where the international transfer does not guarantee such protection, the transfer may nevertheless proceed if the data controller or processor offer appropriate safeguards for the data subject. In addition, entities responsible for the processing of personal data may submit binding corporate rules to the Personal Data Protection Authority for approval. In all other cases not covered by the aforementioned provisions, transfers can occur with prior authorisation from the Authority or in other limited circumstances, including where the data subject has provided their explicit consent.
Chapter XII of the Regulation of the Organic Law on the Protection of Personal Data further elaborates on these requirements.
Coverage Horizontal

ECUADOR

Signed in August 2020, entry into force in April 2022

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Economic Complementation Agreement No. 75 between the Republic of Chile and the Republic of Ecuador (Acuerdo de Complementacion Económica No. 75 entre la República e Chile y la República del Ecuador)
Art. 10.11.2 of the Economic Complementation Agreement No. 75 between the Republic of Chile and the Republic of Ecuador provides that each Party shall permit the cross-border transfer of information by electronic means, including personal information, where such activity is for the conduct of the business of a person of a Party. In addition, Art. 10.12.2 states that a Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory.
Coverage Horizontal

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