ECUADOR
Since August 2008, last amended in June 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
Art. 37 of the Organic Law on the National System of Public Procurement provides that the participation of foreign consultants in public procurement procedures, whether natural or legal persons, is limited to services, fields, activities, or areas in which there is, either partially or wholly, no domestic technical capacity or experience, as certified by the National Public Procurement Service, which must issue a public notice inviting expressions of interest from national suppliers. Where, within eight days, no domestic providers express interest, or those that do fail to meet the required technical capacity or experience, the contracting authority may authorise the participation of foreign consultancy service providers. Art. 39 further provides that foreign legal entities must be domiciled in Ecuador in order to execute public contracts, and that foreign companies registered as consultants in the Unified Registry of Suppliers (RUP) may not engage in any activity other than consultancy services within the scope of their registration; in all cases, preference is given to the engagement of Ecuadorian professionals.
Coverage Consulting services
ECUADOR
Since April 2011, last amended in August 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ministry of Telecommunications and Information Society (MINTEL) Agreement No. 141 of 2011 (Acuerdo Ministerial No. 141 del Ministerio de Telecomunicaciones y de la Sociedad de la Información (MINTEL))
Ministerial Agreement No. 141 requires public entities to procure telecommunications services exclusively from State‑owned providers. Art. 1 requires that public‑sector bodies contract services such as fixed telephony, advanced mobile services, data links, internet services, and other related telecommunications services through public telecommunications enterprises. Art. 2 permits procurement from private providers only where public telecommunications enterprises are unable, for duly justified technical reasons, to meet the required specifications. Art. 3 extends these obligations to the acquisition of emerging digital technologies, including big data, the Internet of Things, blockchain, cloud computing, hosting, artificial intelligence, virtual reality, and comparable technologies. It is reported that, pursuant to this framework, customers seeking to contract cloud service providers that rely on data centres located outside Ecuador must do so through the National Telecommunications Corporation (CNT), a State‑owned entity that acts as the mandated local partner.
Coverage Telecommunications services
Sources
- https://web.archive.org/web/20260221000247/https://www.gobiernoelectronico.gob.ec/wp-content/uploads/2018/10/Acuerdo-Nro-141-Empresas-públicas-deben-contratar-telecomunicaciones-con-el-Estado.pdf
- https://web.archive.org/web/20260221001550/https://www.telecomunicaciones.gob.ec/wp-content/uploads/2023/09/mintel-mintel-2023-00170673970001691547801.pdf
- https://www.trade.gov/country-commercial-guides/ecuador-digital-economy
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DOMINICAN REPUBLIC
Since August 2012, entry into force in March 2013
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Dominican Republic has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DOMINICAN REPUBLIC
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Dominican Republic has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
DOMINICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Dominican Republic has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
Sources
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_signatures/status
- https://web.archive.org/web/20241204210552/https://indotel.gob.do/wp-content/uploads/2022/10/ley-no-126-02.pdf
- https://web.archive.org/web/20220204125657/https://ogtic.gob.do/wp-content/uploads/2019/08/Ley-No.-126-02-sobre-el-Comercio-Electr%C3%B3nico-Documentos-y-Firmas-Digitales.pdf
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DOMINICAN REPUBLIC
Reported in 2021, last reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in the country for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). The country allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products
DOMINICAN REPUBLIC
Since November 2002
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Monetary and Financial Law No. 183-02 (Ley No. 183-02 Monetaria y Financiera)
According to Art. 29 of Law No. 183-02, foreign exchange brokerage may only be carried out by authorised financial brokerage entities and by Exchange Agents. Art. 30 states that to be an Exchange Agent, it is necessary to be constituted as a joint stock company organised in accordance with the laws of the Dominican Republic, with the objects clause and the exclusive habitual activity of carrying out exchange intermediation in free market conditions in the national territory, as well as abroad under the modality of remittance company.
Coverage Horizontal
DOMINICAN REPUBLIC
Since July 2005
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments (Decreto No. 402-05 que aprueba el Reglamento para el Despacho Expreso de Envíos)
According to Art. 4 of Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200, following the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
DOMINICAN REPUBLIC
Since September 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
General Law No. 358-05 for the Protection of Consumer or User Rights (Ley General No. 358-05 de Protección de los Derechos del Consumidor o Usuario)
Law No. 358-05 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
DOMINICAN REPUBLIC
Since December 2013
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Personal Data Protection Law No. 172-13 provides a comprehensive framework for data protection.
Coverage Horizontal
Sources
DOMINICAN REPUBLIC
Since 2007
Since January 2010
Since January 2010
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Dominican Republic-Central America Free Trade Agreement (CAFTA-DR)
Political Constitution of the Dominican Republic (Constitución Política de la República Dominicana)
Political Constitution of the Dominican Republic (Constitución Política de la República Dominicana)
Art. 26.2 of the Constitution of the Republic establishes a safe harbour regime for intermediaries for copyright infringements. Chapter XV of the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) of 2007 between the United States of America, Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua devotes its Art. 27 to the limitations of liability of intermediaries for copyright infringement in the digital environment. This is applicable in the country by mandate of Art. 26.2 of the Constitution of the Republic, which establishes that the rules in force of ratified international conventions shall govern internally. However, it is reported that, in practice, there have been cases in 2013 in which the courts have considered companies liable not only for violating copyright but also for the mere fact of hosting the website where the infringement takes place and, therefore, encouraging the infringement through its economic sponsorship.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231203114128/https://ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/final-text
- https://web.archive.org/web/20220115225457/https://dominicana.gob.do/index.php/recursos/2014-12-16-21-02-56/category/3-constitucion-y-leyes-rd?download=22:constitucion-de-la-republica-2010
- https://web.archive.org/web/20220620225403/https://www.internetsociety.org/wp-content/uploads/2020/09/Latam-Survey-Report.pdf
- https://web.archive.org/web/20230930170802/https://observatoriop10.cepal.org/es/instrumento/constitucion-la-republica-dominicana
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DOMINICAN REPUBLIC
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in the Dominican Republic's law and jurisprudence.
Coverage Internet intermediaries
DOMINICAN REPUBLIC
Since August 2012
Pillar Intermediary liability |
Indicator User identity requirement
General Regulation of the Telephone Service – Resolution No. 110‑12 (Reglamento General del Servicio Telefónico – Resolución No. 110-12)
Art. 11.2 of the General Regulation of the Telephone Service stipulates that service providers are under an obligation to request, record, and verify the applicant’s general particulars in order to substantiate their capacity and eligibility to enter into a service contract; for the purposes of this Regulation, telephone service denotes a national or international telecommunications service intended for the transmission of voice, whether fixed or mobile, irrespective of the technology or modality employed in its provision. Should the information supplied by the user prove to be inaccurate, the provider is required to refuse the formation of the contract and to deny the applicant access to the telephone service.
Coverage Telecom sector
DOMINICAN REPUBLIC
Since April 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
The Dominican Republic has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
DOMINICAN REPUBLIC
Since May 1998
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
General Telecommunications Law No. 153-98 (Ley General de Telecomunicaciones No. 153-98)
According to Art. 76 of the General Telecommunications law, the Dominican Telecommunications Institute (INDOTEL), 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
