PERU
Since December 2014
Since September 2013
Since November 2019
Since September 2012
Since January 2016
Since September 2013
Since November 2019
Since September 2012
Since January 2016
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Supreme Decree No. 024-20l4-MTC (Decreto Supremo No. 024-20l4-MTC)
Law that establishes measures to strengthen competition in the mobile public services market Law No. 30,083 (Ley que establece medidas para fortalecer la competencia en el mercado de los servicios públicos móviles Ley No. 30083)
Resolution of the Board of Directors No. 154-2019-CD/OSIPTEL (Resolución de Consejo Directivo No. 154-2019-CD/OSIPTEL)
Resolution of the Board of Directors No. 132-2012/CD-OSIPTEL (Resolución de Consejo Directivo No. 132-2012/CD-OSIPTEL)
Resolution No. 00039-2016-GG/OSIPTEL (Resolución No. 00039-2016-GG/OSIPTEL)
Law that establishes measures to strengthen competition in the mobile public services market Law No. 30,083 (Ley que establece medidas para fortalecer la competencia en el mercado de los servicios públicos móviles Ley No. 30083)
Resolution of the Board of Directors No. 154-2019-CD/OSIPTEL (Resolución de Consejo Directivo No. 154-2019-CD/OSIPTEL)
Resolution of the Board of Directors No. 132-2012/CD-OSIPTEL (Resolución de Consejo Directivo No. 132-2012/CD-OSIPTEL)
Resolution No. 00039-2016-GG/OSIPTEL (Resolución No. 00039-2016-GG/OSIPTEL)
There is an obligation for passive infrastructure sharing in Peru to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
In the mobile segment, Art. 12 of Supreme Decree No. 024-2014-MTC, which regulates the registration framework for passive infrastructure providers for public mobile services, requires such providers to make their infrastructure available to public mobile telecommunications operators that request access, subject to the regime's conditions. In parallel, Law No. 30083 introduces mobile virtual network operators (MVNOs) and rural mobile infrastructure operators, and obliges mobile network operators to provide network access (“acceso a red”), which may encompass access arrangements involving network elements used to deliver mobile services.
In fixed wholesale markets, sharing obligations apply to operators designated as Proveedor Importante in the wholesale market for internet and data transmission. Telefónica del Perú S.A.A. was selected as a Proveedor Importante for Market No. 25 by Board Resolution No. 154-2019-CD/OSIPTEL, which imposes access and shared-use obligations on the designated provider. Board Resolution No. 132-2012-CD/OSIPTEL further requires the submission of an Oferta Básica de Compartición (OBC) under this regime, and Telefónica’s OBC was approved by General Management Resolution No. 00039-2016-GG/OSIPTEL.
In the mobile segment, Art. 12 of Supreme Decree No. 024-2014-MTC, which regulates the registration framework for passive infrastructure providers for public mobile services, requires such providers to make their infrastructure available to public mobile telecommunications operators that request access, subject to the regime's conditions. In parallel, Law No. 30083 introduces mobile virtual network operators (MVNOs) and rural mobile infrastructure operators, and obliges mobile network operators to provide network access (“acceso a red”), which may encompass access arrangements involving network elements used to deliver mobile services.
In fixed wholesale markets, sharing obligations apply to operators designated as Proveedor Importante in the wholesale market for internet and data transmission. Telefónica del Perú S.A.A. was selected as a Proveedor Importante for Market No. 25 by Board Resolution No. 154-2019-CD/OSIPTEL, which imposes access and shared-use obligations on the designated provider. Board Resolution No. 132-2012-CD/OSIPTEL further requires the submission of an Oferta Básica de Compartición (OBC) under this regime, and Telefónica’s OBC was approved by General Management Resolution No. 00039-2016-GG/OSIPTEL.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241118151933/https://cdn.www.gob.pe/uploads/document/file/423123/DS_N__024-2014-MTC__27.DIC.2014__Art._4_.pdf?v=1617350569
- https://web.archive.org/web/20241118152431/https://www.gob.pe/institucion/mtc/normas-legales/9866-30083
- https://web.archive.org/web/20240120024420/https://www.gob.pe/institucion/osiptel/normas-legales/1464793-154-2019-cd-osiptel
- https://web.archive.org/web/20241118152710/https://www.gob.pe/institucion/osiptel/normas-legales/1464087-132-2012-cd-osiptel
- https://www.osiptel.gob.pe/media/c4ke30qu/resolucion039-2016-gg.pdf
- https://datahub.itu.int/data/?i=100014
- https://www.osiptel.gob.pe/informacion-institucional/legislacion-basica-del-osiptel/
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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
PERU
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.19%
Coverage rate of zero-tariffs on ICT goods (%)
89%
Coverage: ICT goods
Sources
- https://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
PERU
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Peru is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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JAMAICA
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Lack of self-declaration of conformity (SDoC)
It is reported that market approval for products using radio technologies in Jamaica is granted by the Spectrum Management Authority (SMA). The SMA certification is a national certification scheme based on the specifications of the Conformité Européenne (CE) marking, the Radio Equipment Directive (RED), and the Federal Communications Commission (FCC) certification. However, it is reported that, in Jamaica, typically one sample of the product is required for approval requests.
Tests and certificates issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is obtained through the recognition of type approval test reports prepared in accordance with international standards. However, technical documents must be reviewed and validated by the Bureau of Standards, Jamaica.
Tests and certificates issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is obtained through the recognition of type approval test reports prepared in accordance with international standards. However, technical documents must be reviewed and validated by the Bureau of Standards, Jamaica.
Coverage Cell phones, RFID equipment, Bluetooth devices, WiFi products, PSTN equipment
Sources
- https://web.archive.org/web/20231210233213/https://cetecomadvanced.com/en/news/access-for-the-jamaican-market-is-through-sma-certification/
- https://web.archive.org/web/20241211153826/https://360compliance.co/marketaccess/jamaica/
- https://web.archive.org/web/20220715011120/https://www.sma.gov.jm/wp-content/uploads/2018/06/Technical-and-Operational-Rules-for-Radio-Communication-Equipment-using-Licence-Exempt-Bands.pdf
- https://web.archive.org/web/20231206181233/https://www.larcg.com/where-we-work/jamaica/
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JAMAICA
Since May 2014, as amended in April 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
According to the Jamaica Customs Agency official website, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20251212220831/https://jca.gov.jm/personal-items/
- https://jca.gov.jm/faq/what-is-the-minimum-value-on-which-customs-duty-and-taxes-will-not-be-applicable/
- https://zonos.com/docs/guides/de-minimis-values
- https://web.archive.org/web/20260116200833/https://www.mof.gov.jm/wp-content/uploads/HMFPS-BUDGET-PRESENTATION_March-12new-upd-003-1.pdf
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JAMAICA
Since April 2007, last amended in March 2023
Since June 2005, last amended in March 2019
Since June 2005, last amended in March 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
The Electronic Transactions Act
The Consumer Protection Act
The Consumer Protection Act
The Electronic Transactions Act and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
JAMAICA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Jamaica has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
JAMAICA
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Jamaica 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
JAMAICA
Since 2006
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Jamaica has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
JAMAICA
Since June 2020, entry into force in December 2023
Pillar Domestic data policies |
Indicator Framework for data protection
The Data Protection Act, 2020
The Data Protection Act provides a comprehensive regime of data protection.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221007015817/https://japarliament.gov.jm/attachments/article/339/The%20Data%20Protection%20Act,%202020.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=jm
- https://web.archive.org/web/20220721114002/https://www.mset.gov.jm/wp-content/uploads/2022/04/Data-Privacy-Day.pdf
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JAMAICA
Since June 2020, entry into force in December 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Data Protection Act, 2020
According to Art. 45 of The Data Protection Act, a data controller shall submit to the Commissioner a data protection impact assessment (DPIA) in respect of all personal data in the custody or control of the data controller. The data protection impact assessment form shall require at least the following information:
- Detailed description of the envisaged processing of the personal data and the purposes of the processing, specifying, where applicable, the legitimate interest pursued by the data controller;
- Assessment of the necessity and proportionality of the processing operations in relation to the purposes;
- Assessment of the risks to the rights and freedoms of data subjects;
- Measures envisaged addressing the risks, including safeguards, security measures, and mechanisms to protect personal data and demonstrate compliance with the Act.
In addition, specific categories of data controllers are required to appoint a data protection officer (DPO) under the Act. These categories include: data controllers who are public authorities; data controllers who process, or intend to process, sensitive personal data or data relating to criminal convictions; data controllers who process personal data on a large scale; and data controllers designated by the Commissioner as requiring a DPO.
- Detailed description of the envisaged processing of the personal data and the purposes of the processing, specifying, where applicable, the legitimate interest pursued by the data controller;
- Assessment of the necessity and proportionality of the processing operations in relation to the purposes;
- Assessment of the risks to the rights and freedoms of data subjects;
- Measures envisaged addressing the risks, including safeguards, security measures, and mechanisms to protect personal data and demonstrate compliance with the Act.
In addition, specific categories of data controllers are required to appoint a data protection officer (DPO) under the Act. These categories include: data controllers who are public authorities; data controllers who process, or intend to process, sensitive personal data or data relating to criminal convictions; data controllers who process personal data on a large scale; and data controllers designated by the Commissioner as requiring a DPO.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221007015817/https://japarliament.gov.jm/attachments/article/339/The%20Data%20Protection%20Act,%202020.pdf
- https://web.archive.org/web/20220721114002/https://www.mset.gov.jm/wp-content/uploads/2022/04/Data-Privacy-Day.pdf
- https://www.dataguidance.com/notes/jamaica-data-protection-overview
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JAMAICA
Since April 2007, last amended in March 2023
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
The Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 25 of the law, an intermediary shall not be held liable in any civil or criminal proceedings for any information contained in an electronic document in respect of which the intermediary provides services if:
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230619183505/https://our.org.jm/wp-content/uploads/2021/02/the_electronic_transactions__act_act_15_2006.pdf
- https://web.archive.org/web/20250524094251/https://www.japarliament.gov.jm/attachments/article/341/The-Electronic-Transactions--Amendment--Act--2023-No.-6_.pdf
- https://web.archive.org/web/20230507031755/https://sherloc.unodc.org/cld/uploads/pdf/Online_intermediaries_eBook.pdf
- https://web.archive.org/web/20240622110022/https://jftc.gov.jm/wp-content/uploads/2022/03/2022.03.30-Competition-Assessment-of-The-Electronic-Transactions-Act-FINAL.pdf
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JAMAICA
Since April 2007, last amended in March 2023
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
The Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 25 of the law, an intermediary shall not be held liable in any civil or criminal proceedings for any information contained in an electronic document in respect of which the intermediary provides services if:
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230619183505/https://our.org.jm/wp-content/uploads/2021/02/the_electronic_transactions__act_act_15_2006.pdf
- https://web.archive.org/web/20250524094251/https://www.japarliament.gov.jm/attachments/article/341/The-Electronic-Transactions--Amendment--Act--2023-No.-6_.pdf
- https://web.archive.org/web/20230507031755/https://sherloc.unodc.org/cld/uploads/pdf/Online_intermediaries_eBook.pdf
- https://web.archive.org/web/20240622110022/https://jftc.gov.jm/wp-content/uploads/2022/03/2022.03.30-Competition-Assessment-of-The-Electronic-Transactions-Act-FINAL.pdf
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