ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Since August 2023
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)
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.
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
Sources
- https://web.archive.org/web/20241210225537/https://www.consejodecomunicacion.gob.ec/wp-content/uploads/downloads/2022/12/lotaip/Ley%20Org%C3%A1nica%20de%20Comunicaci%C3%B3n%20%28LOC%29.pdf
- https://web.archive.org/web/20241210225634/https://www.consejodecomunicacion.gob.ec/wp-content/uploads/downloads/2023/10/lotaip/REGLAMENTO%20GENERAL%20A%20LA%20LEY%20ORG%C3%81NICA%20DE%20COMUNICACI%C3...
- https://web.archive.org/web/20241210225618/https://corralrosales.com/en/general-regulation-to-the-communication-law/
- https://web.archive.org/web/20241127174711/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
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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
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
Sources
- https://web.archive.org/web/20260219132229/https://app.gen5.digital/tracker/country-cards/Ecuador
- https://web.archive.org/web/20260219133427/https://freedomhouse.org/country/ecuador/freedom-net/2024
- https://web.archive.org/web/20250810232110/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Orgánica-de-Telecomunicaciones.pdf
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ECUADOR
Since May 2021, entry into force in May 2021
Since November 2023
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)
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.
Chapter XII of the Regulation of the Organic Law on the Protection of Personal Data further elaborates on these requirements.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250416011125/https://www.finanzaspopulares.gob.ec/wp-content/uploads/2021/07/ley_organica_de_proteccion_de_datos_personales.pdf
- https://web.archive.org/web/20250416011223/https://www.cosede.gob.ec/wp-content/uploads/2023/12/REGLAMENTO-GENERAL-A-LA-LEY-ORG%C3%81NICA-DE-PROTECCION-DE-DATOS-PERSONALES_compressed-1.pdf
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
Sources
- https://web.archive.org/web/20240914214658/https://www.subrei.gob.cl/docs/default-source/acuerdos-comerciales/ecuador/11-capitulo-10-comercio-electronico.pdf?sfvrsn=bf90b8aa_2
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
ECUADOR
Since May 2021, entry into force in May 2021
Pillar Domestic data policies |
Indicator Framework for data protection
The Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
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.
Coverage Horizontal
ECUADOR
Since December 2016, last amended in December 2022
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
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.
- 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240517183901/https://lotaip.ikiam.edu.ec/ikiam2019/abril/anexos/Mat%20A2-Base_Legal/codigo_organico_de_la_economia%20social_de_los_conocimientos_creatividad_e_innovacion....
- https://web.archive.org/web/20240413063435/https://sice.oas.org/trade/JUNAC/decisiones/DEC351S.asp
- https://web.archive.org/web/20241203194942/https://iipa.org/files/uploads/2019/02/2019SPEC301ECUADOR.pdf
- https://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
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ECUADOR
Reported in 2012, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260219120646/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20240301074019/https://ustr.gov/sites/default/files/2012%20Special%20301%20Report_1.pdf
- https://web.archive.org/web/20230205011701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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ECUADOR
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Ecuador has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ECUADOR
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Ecuador has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ECUADOR
Since November 2016, entry into force in December 2016
Since August 2025
Since August 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
Organic Law on Regulation Against Unfair Competition (Ley Orgánica de Regulación contra la Competencia Desleal)
Organic Law on Regulation Against Unfair Competition (Ley Orgánica de Regulación contra la Competencia Desleal)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251006131941/https://www.gobiernoelectronico.gob.ec/wp-content/uploads/2018/10/Codigo-Organico-de-la-Economia-Social-de-los-Conocimientos-Creatividad-e-Innovacion.pdf
- https://web.archive.org/web/20260218232013/https://www.gob.ec/sites/default/files/regulations/2025-11/Documento_Ley-competencia-desleal_1.pdf
- https://web.archive.org/web/20260112213829/https://www.comunidadandina.org/StaticFiles/DocOf/DEC486.pdf
- https://web.archive.org/web/20260218234335/https://luzuriagacastro.com/proteccion-de-secretos-comerciales-y-know-how-estrategias-legales-y-registros-en-ecuador/
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ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Since September 2017
Since September 2017
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Organic Law on Communication (Ley Orgánica de Comunicación)
Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services (Norma Técnica para Uso Compartido de Infraestructura Física de los Servicios del Régimen General de Telecomunicaciones)
Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services (Norma Técnica para Uso Compartido de Infraestructura Física de los Servicios del Régimen General de Telecomunicaciones)
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.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220329021715/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Org%C3%A1nica-de-Telecomunicaciones.pdf
- https://web.archive.org/web/20220128154018/https://www.arcotel.gob.ec/wp-content/uploads/downloads/2017/08/Resolucion-0807-ARCOTEL-2017.pdf
- https://datahub.itu.int/data/?i=100014
- https://web.archive.org/web/20260219132229/https://app.gen5.digital/tracker/country-cards/Ecuador
- Show more...
ECUADOR
Since October 2008, last amended in July 2011
Since February 2015, entry into force in February 2015, last amended in December 2019
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)
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
Sources
- https://web.archive.org/web/20220325160620/https://www.oas.org/juridico/pdfs/mesicic4_ecu_const.pdf
- https://web.archive.org/web/20220329021715/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Org%C3%A1nica-de-Telecomunicaciones.pdf
- https://web.archive.org/web/20230304083329/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2021/04/losncp_actualizada1702.pdf
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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.
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
Sources
- https://web.archive.org/web/20240603122916/https://corporativo.cnt.gob.ec/wp-content/uploads/2014/07/crea_empresa_publica_cnt_ep1.pdf
- https://web.archive.org/web/20241004133930/https://www.etapa.net.ec/Portals/0/TRANSPARENCIA/Literal-a2/ORDENANZA%20ETAPA%20EP.pdf?ver=2022-11-08-114530-047
- https://web.archive.org/web/20231106080406/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20220815032742/https://www.etapa.net.ec/informacion/quienes-somos
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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
