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PERU

Since July 2015, last amended in April 2025
Since July 2000, last amended in July 2023

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Legislative Decree No. 1,182 (Decreto Legislativo No. 1182)

Law No. 27336 - Law on the Development of the Functions and Powers of the Supervisory Body for Private Investment in Telecommunications (OSIPTEL) (Ley No. 27336 - Ley de Desarrollo de las Funciones y Facultades del Organismo Supervisor de Inversión Privada en Telecomunicaciones - OSIPTEL)
The Second Final Supplementary of Decree No. 1182, on the preservation of data derived from telecommunications, states that the concessionaires of public telecommunications services and the public entities related to these services must keep the data derived from telecommunications during the first 12 months in computer systems that allow their consultation and delivery online and in real-time. At the end of the aforementioned period, they must keep said data for an additional 24 months in an electronic storage system. The delivery of data stored for a period not exceeding twelve months is done online and in real-time after receiving judicial authorisation. In the case of data stored for a period greater than 12 months, it will be delivered within 7 days following the judicial authorisation under responsibility.
A similar obligation is prescribed in Art. 16.e of Law No. 27336, which stipulates that all natural or legal persons providing public telecommunications services must retain, for a minimum period of three years from the moment the relevant information is generated, the source records underlying call‑detail data and the billing of the services they operate.
Coverage Telecommunications sector

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

PERU

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Peru has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

PERU

Since July 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Peru has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

PERU

Since December 2000
Since June 2008, last amended in September 2018
Since June 2008, last amended in January 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Decision No. 486 - Common Regime on Industrial Property, Andean Community (Decisión No. 486 - Régimen Común de Propiedad Industrial, Comunidad Andina)

Legislative Decree No. 1,075 Approves Supplementary Provisions to Decision 486 of the Andean Community Commission (Decreto Legislativo No. 1,075 Aprueba Disposiciones Complementarias a la Decisión 486 de la Comisión de la Comunidad Andina que establece el Régimen Común Sobre Propiedad Industrial)

Repression of Unfair Competition Law Legislative Decree No. 1,044 (Ley de Represión de la Competencia Desleal Decreto Legislativo No. 1044)
Decision No. 486, Decree No. 1,075, and Decree No. 1,044 provide a framework for the effective protection of trade secrets. First, Art. 260 of Decision No. 486 defines trade secrets, and Art. 245 allows requesting precautionary measures to stop an alleged infringement, to obtain or retain evidence, or to ensure the effectiveness of the action or to receive compensation for damages. Moreover, Art. 3 of Legislative Decree No. 1,075 considers trade secrets as an element of industrial property, and Art. 13 of Decree No. 1,044 lists factual situations constituting trade secret infringement. INDECOPI ("Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Industrial") is the competent authority that applies the above-mentioned regulations in proceedings regarding trade secrets.
Coverage Horizontal

PERU

Since July 2004
Since December 2014
Since November 2019

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Law No. 28295 on the Regulating of Access and Shared Use of Public Infrastructure for the Provision of Public Telecommunications Services (Ley No. 28295, Ley que regula el acceso y uso compartido de infraestructura de uso público para la prestación de servicios públicos de telecomunicaciones)

Supreme Decree No. 024-20l4-MTC (Decreto Supremo No. 024-20l4-MTC)

Resolution of the Board of Directors No. 132-2012/CD-OSIPTEL (Resolución de Consejo Directivo No. 132-2012/CD-OSIPTEL)
Under Arts. 2, 4–6 and 13 of Law No. 28295, owners of public-use infrastructure must provide access to and shared use of infrastructure required for public telecommunications services, including poles, ducts, conduits, chambers, towers and rights of way. Access may be agreed commercially or mandated by OSIPTEL where negotiations fail.
In the mobile segment, Art. 12 of Supreme Decree No. 024-2014-MTC requires registered passive infrastructure providers to make their infrastructure available to public mobile telecommunications operators. In fixed wholesale markets, Board Resolution No. 154-2019-CD/OSIPTEL designated Telefónica del Perú as a Proveedor Importante in Market No. 25 and subjected it to access and infrastructure-sharing obligations.
Coverage Telecommunications sector

PERU

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
Peru does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation obligations have existed since 1993. Art. 37 of Supreme Decree No. 013-93-TCC, the Single Ordered Text of the Telecommunications Law, requires telecommunications operators holding concessions or authorisations to provide two or more telecommunications services simultaneously to maintain separate accounts for their activities, pursuant to the principle of neutrality. This obligation was subsequently complemented at the regulatory level by Art. 253 of Supreme Decree No. 020-2007-MTC, the Single Ordered Text of the General Regulations of the Telecommunications Law, which further regulates the accounting separation requirement. Moreover, the Instructions on Accounting Separation in the Telecommunications Sector and the Procedure for Accounting Separation, approved by Resolution No. 161-2019-CD/OSIPTEL, establish the operational rules and procedures for accounting separation in the telecommunications sector.
Coverage Telecommunications sector

PERU

Since April 1994

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Peru has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

PERU

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Supervisory Body for Private Investment in Telecommunications (OSIPTEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

PERU

Since June 2011, last amended in January 2017
Since November 2024, entry into force in March 2025

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 29733 on the Protection of Personal Data (Ley No. 29733 de Protección de Datos Personales)

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. 15 of the Law on the Protection of Personal Data and Art. 18 of its corresponding Regulation stipulate that, in cases where the recipient country does not ensure an adequate level of data protection, the data controller must guarantee that the processing of personal data will be carried out in accordance with the Peruvian legal framework. This requirement, however, does not apply in the following circumstances:
- where the transmission of personal data occurs within the context of international judicial cooperation or the implementation of international trade agreements;
- in the context of international cooperation between intelligence agencies;
- when the transfer of personal data is necessary for the performance of a contractual relationship to which the data subject is a party;
- for transfers involving banking and securities operations;
- for the prevention, diagnosis, or medical or surgical treatment of the data subject; and
- where the data subject has given their informed consent to the transfer under these conditions.
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

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