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.

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.

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.

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.

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.

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.

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.

The Organic Law on the Protection of Personal Data establishes a comprehensive framework for data protection in Ecuador. The Ecuadorian Data Protection Superintendency (SPDP) serves as the regulatory authority under this Law. In addition, several sector-specific legal instruments govern data protection within particular domains, including the labour, telecommunications, and financial sectors.

Ecuador has a clear regime of exceptions to copyright that follows fair use, which allows the lawful use of copyrighted works by third parties without the need to obtain permission. Art. 211 of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation follows the fair use model for copyright exceptions and establishes five factors for the determination of fair use:
- The purposes and nature of the use;
- The nature of the work;
- The amount and importance of the part used in relation to the copyrighted work as a whole;
- The impact of the use on the current and potential market value of the work; and
- The possession and effective exercise of other fundamental rights.
In addition, Ecuador is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision establishes a list of mandatory exceptions in the domestic market but also allows the adoption of additional exceptions in the domestic law of the members, as long as they comply with the international standards of the so-called three-step test.

It is reported that the enforcement of intellectual property rights in the face of extensive counterfeiting and piracy remains weak, including in the online sphere. Despite some increases in enforcement activity, Ecuador is understood to require additional measures to address persistent concerns regarding online piracy. For example, although the National Assembly amended Ecuador’s Penal Code in 2023 and created a regulatory framework enabling undercover agents to investigate digital conduct, the implementing regulations necessary to give effect to these reforms have not yet been approved. Furthermore, Ecuador currently has only one specialised cybercrime prosecutor. The country has also been encouraged to ensure that all government ministries make use of licensed software.

Ecuador has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Ecuador has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The Organic Code on the Social Economy of Knowledge, Creativity and Innovation, together with the Organic Law on Regulation Against Unfair Competition, establishes a robust framework for the effective protection of trade secrets. The protection of commercial secrets is also recognised in Andean Community Decision No. 486.

There is an obligation for passive infrastructure sharing in Ecuador to deliver telecom services to end users. It is practised both in the mobile and fixed sectors. The Organic Communication Law and complementary technical regulations are the theoretical frameworks for passive infrastructure sharing in Ecuador. According to Art. 3 of the Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services, services providers related to the telecommunications sector have the obligation to share their physical infrastructure.

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.