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PERU

Since November 2019
Since July 2007, last amended in May 2021

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Supreme Decree No. 035/2019 that specifies provisions on the Public Transportation Service for Persons in Unauthorized Minor Vehicles and establishes provisions on the blocking of applications and/or web pages (Decreto Supremo que precisa disposiciones sobre el Servicio de Transporte Público de Personas en Vehículos Menores NO Autorizados y establece disposiciones sobre el bloqueo de aplicativos y/o páginas web Decreto Supremo N. 035-2019-MTC)

General Regulation of the Telecommunications Law (Reglamento General de la Ley de Telecomunicaciones)
Supreme Decree No. 035/2019 allows an organism of the Ministry of Transport and Communications to block unilaterally and without a court order transportation apps deemed to be offering illegal services (including bicycles, taxis, and e-scooters). According to Art. 3 of the Decree, internet service providers notified by the authority must block the apps or web pages within the deadline. There are critics of the proportionality and necessity of this measure.
In addition, the Modifying Complementary Provision of this Decree added the lack of compliance with blocking requests to the list of serious infractions of Art. 258 (24) of the General Regulation of the Telecommunications Law.
Coverage Transportation apps

PERU

Since September 2012, last amended in April 2022
Since April 2022

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Resolution of the Board of Directors No. 138-2012-CD-OSIPTEL (Resolución de Consejo Directivo N. 138-2012-CD-OSIPTEL)

Resolution of the Board of Directors No. 072-2022-CD/OSIPTEL (Resolución de Consejo Directivo N. 072-2022-CD/OSIPTEL)
Art. 11 of the Resolution of the Board of Directors N. 138-2012-CD-OSIPTEL by the regulatory agency OSIPTEL ("Organismo Supervisor de la Inversión Privada en Telecomunicaciones") implemented identity requirements for mobile services regulates the verification of the identity of the mobile public service applicant and the contracting of mobile public services. Art. 11, last amended by Art. 1 of Resolution of the Board of Directors N. 072-2022-CD/OSIPTEL, states that mobile public service operating companies are obliged to verify the identity of the applicant, through the use of the fingerprint biometric verification system by verifying the information of the biometric database of RENIEC (the national identification registry, "Registro Nacional de Identificación y Estado Civil"). Also, Art. 11A states that before the fingerprint verification, the company may request the exhibition of the hand of the applicant (or legal representative) to verify that is free of any external object that could invalidate the identity verification process.
Art. 11B states that the operator must include in the subscriber registry the information referring to all the mobile terminal equipment through which the service is provided, including the equipment that has not been commercialized yet. This registry must also include: the IMEI code of the mobile terminal equipment or the electronic serial number; the IMSI code that activates the mobile terminal equipment (unique international identification code for each subscriber of the public mobile service, which is integrated into the SIM Card, Chip or other equivalent); whether the subscriber is a natural or legal person and other information established by OSIPTEL.
Coverage Telecommunications sector

PERU

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Peru's law and jurisprudence. In addition, complaints are reported regarding long-standing enforcement problems with the intellectual property (IP) provisions of the Peru-US Free Trade Agreement (Chapter 16, Art. 16.11.29), in particular with respect to the establishment of statutory damages for copyright infringement and trademark counterfeiting, and the notice and takedown and safe harbor system for Internet Service Providers (ISPs). Moreover, this is reiterated with respect to the rules relating to ISP liability in the EU-Peru-Colombia-Ecuador Agreement (Section 29). Finally, the Comprehensive Trans-Pacific Partnership Agreement, Chapter 18, Art. 18.82 includes relevant provisions limiting ISP liability and promoting a safe harbor for ISPs. However, national implementation of intermediate liability rules for service providers is still pending with no clear timetable.
Coverage Internet intermediaries

PERU

N/A

Pillar Intermediary liability  |  Sub-pillar 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 Peru's law and jurisprudence.
Coverage Internet intermediaries

PERU

Since July 2015

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Legislative Decree N. 1,182 (Decreto Legislativo N. 1182)
The Second Final Supplementary of Decree N. 1182, on 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 authorization. In the case of data stored for a period greater than 12 months, it will be delivered within 7 days following the judicial authorization, under responsibility.
Coverage Telecommunications sector

PERU

Signed in 2015, entry into force in April 2020
Since March 2018
Since February 2020

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
First Amending Protocol (which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance) (Primer protocolo modificatorio del Protocolo Adicional al Acuerdo Marco de la Alianza del Pacífico)

Comprehensive and Progressive Agreement for Trans Pacific Partnership (Tratado Integral y Progresista de Asociación Transpacífico)

Australia-Peru Free Trade Agreement (Acuerdo de Libre Comercio Perú – Australia)
According to Art. 13.11 of the First Amending Protocol (which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance), the four parties (Chile, Colombia, Peru and Mexico) commit to allow cross-border information transfers through electronic means, including also the transfer of personal data for business activities. Moreover, in Art. 13.11.bis the parties commit to ban forced localisation of computer facilities in their national territories. Other binding commitments on data flows can be found in Article 14.11.2 of the Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP) and in Art. 13.11.2 of the Peru-Australia Free Trade Agreement.
Coverage Horizontal

PERU

Since July 2011
Since March 2013

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Personal Data Protection Law N. 29,733 (Ley de Protección de Datos Personales N. 29733)

Regulation of Law N. 29,733 Supreme Decree N. 003-2013-JUS (Reglamento de la Ley N. 29733 Decreto Supremo N. 003-2013-JUS)
Peru has a data protection framework in place. Law N. 29,733 aims to assure the fundamental right to the protection of personal data. The Regulation of the Data Protection Law, title III, regulates data treatment, by both public and private entities.
Coverage Horizontal

PERU

Since June 2011
Since March 2013

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Personal Data Protection Law No. 29,733 (Ley de Protección de Datos Personales N. 29733)

Regulation of Law No. 29,733 Supreme Decree No. 003-2013-JUS (Reglamento de la Ley N. 29733 Decreto Supremo N. 003-2013-JUS)
According to Art. 15 of the Peruvian Data Protection Law and Art. 19 of its Regulation N. 003-2013-JUS, personal data can be transferred to other countries whose data protection level is considered to be adequate. If the recipient country does not have an adequate level of protection, the data transmitter must guarantee that the processing of the personal data is made in accordance with the Peruvian legal framework. This provision is not applicable in the following cases:
- when the data subject has granted their consent to the transfer of their data under these conditions;
- the transmission of personal data is conducted within the framework of international judicial cooperation or the application of international trade in this regard;
- international cooperation among intelligence agencies;
- when the personal data is necessary for the execution of a contractual relationship with the data subject;
- when referring to banking and security transfers;
- when the transfer is made for the purposes of protecting, preventing, diagnosing, and providing medical treatment to the data subject.
Coverage Horizontal

PERU

Since July 2000
Since July 2000

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 27.336. Law for the Development of the Functions and Powers of Osiptel (Ley No. 27, 336. Ley de Desarrollo de las Funciones y Facultades del Osiptel)
According to Arts. 1-2 of Law No. 27.336, 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 April 1994

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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, there is an obligation of accounting separation since 2019. The Instructions on Accounting Separation in the Telecommunications Sector and the Procedure for Accounting Separation regulate how accounting separation must be made in the telecommunications sector.
Coverage Telecommunications sector

PERU

Since December 2014
Since September 2013
Since November 2019
Since September 2012
Since January 2016

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Supreme Decree No. 024-20l4-MTC (Decreto Supremo N. 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 N. 30083)

Resolution of the Board of Directors No. 154-2019-CD/OSIPTEL (Resolución de Consejo Directivo N. 154-2019-CD/OSIPTEL)

Resolution of the Board of Directors No. 132-2012/CD-OSIPTEL (Resolución de Consejo Directivo N. 132-2012/CD-OSIPTEL)

Resolution No. 00039-2016-GG/OSIPTEL (Resolución N. 00039-2016-GG/OSIPTEL)
There is an obligation for passive infrastructure sharing in Peru to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. Art. 12 of Supreme Decree No. 024-20l4-MTC establishes that passive infrastructure providers for mobile public services are obliged to make their infrastructure available to operators of public mobile telecommunications services that require it […]. Law No. 30,083 regulates passive infrastructure providers and creates a framework to allow mobile operators to enter into the market. For this purpose, mobile service businesses must allow access to networks (passive and active infrastructure). These providers must register in the Transports and Communications Department, complying also with Supreme Decree No. 024-2014-MTC.
Moreover, the sharing of passive infrastructure is currently mandatory for Telefónica del Perú S.A.A., as it has been declared an important provider in the wholesale market for internet and data transmission by Resolution of the Board of Directors No. 154-2019-CD/OSIPTEL. In accordance with the provisions of Board of Directors Resolution No. 132-2012/CD-OSIPTEL Likewise, Telefónica del Perú S.A.A. is obliged to share passive infrastructure (poles, ducts, co-location, among others), for which the Basic Offering of Sharing approved by Resolution No. 00039-2016-GG/OSIPTEL applies.
Coverage Telecommunications sector

PERU

Since 2000
Since June 2008, last amended in September 2018
Since June 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Decision No. 486 - Common Regime on Industrial Property of The Andean Community Commission

Legislative Decree No. 1,075 Approves Supplementary Provisions to Decision 486 of the Andean Community Commission (Decreto Legislativo N. 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 N. 1044)
Decision No. 486, Decree No. 1,075, and Decree No. 1,044 provide a framework for effective protection of trade secrets. First, Art. 260 of the Decision No. 486 defines trade secrets and Art. 245 allows requesting precautionary measures to stop an alleged infringement, obtaining or retaining evidence, or ensuring the effectiveness of the action or compensation for damages. Moreover, Art. 3 of the Legislative Decree No. 1,075 considers trade secrets as an element of industrial property, and Art. 13 of Decree No. 1,044 lists trade secrets infringement factual situations. 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 March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Peru has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

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