Venezuela has not joined any agreement with binding commitments to open transfers of data across borders.

There is not a comprehensive data protection framework in Venezuela. However, there are isolated provisions in some existing laws that regulate certain aspects related to data protection, e.g., in the telecommunications sector through the Regulation for the Protection of the Rights of Users in the Provision of Telecommunications Services 2018. In addition, the Constitution of the Bolivarian Republic of Venezuela establishes general principles that serve as a framework for the protection of information. These principles were developed by decision No. 1318 of the Supreme Court of Justice, guarding the honour, privacy, intimacy, self-image, confidentiality, and reputation of individuals.

There is not a comprehensive data protection framework in Venezuela. However, there are isolated provisions in some existing laws that regulate certain aspects related to data protection, e.g., in the telecommunications sector through the Regulation for the Protection of the Rights of Users in the Provision of Telecommunications Services 2018. In addition, the Constitution of the Bolivarian Republic of Venezuela establishes general principles that serve as a framework for the protection of information. These principles were developed by decision No. 1318 of the Supreme Court of Justice, guarding the honour, privacy, intimacy, self-image, confidentiality, and reputation of individuals.

Art. 7 of Administrative Ruling No. 171 establishes that the operators of mobile and fixed telephony services, through wireless networks or non-geographic numbers with nomadic voice services, must keep stored in a database certain information of the applicants, with the respective security measures, while the service contract is in force and for five years after its termination. This information, which must be available in digital format and ensuring that the data is clear and legible, must be provided immediately to State security agencies that may require it during a criminal investigation.

Based on the safety and confidentiality principle (No. 7) set forth in Decision No. 1318, the transfer of personal data to other countries requires the data owner's prior consent and that the recipient country has rules guaranteeing, at least, the same level of protection of personal data as Venezuelan regulations.

Venezuela has not joined any agreement with binding commitments to open transfers of data across borders.

Based on the safety and confidentiality principle (No. 7) set forth in Decision No. 1318, the transfer of personal data to other countries requires the data owner's prior consent and that the recipient country has rules guaranteeing, at least, the same level of protection of personal data as Venezuelan regulations.

According to Art. 97(8) of Decree No. 1402, banking institutions are prohibited from transferring their principal computer centres and databases, either in electronic form or as users' physical documents, to a foreign territory. The Superintendency of Banking Sector Institutions is in charge of issuing regulations to determine which computer centres and databases qualify as principal in accordance with a binding opinion issued by the Central Bank.
The repealed Banking Sector Institutions Law of 2010 contained a similar restriction in Art. 99 with the difference that it prohibited the transfer of all computer centres and databases and not only those determined to be principal. The 2010 law was reformed in 2011 by Decree 8.079, which maintained the restriction in Art. 99. This 2011 decree was repealed by Decree No. 1.402 of 2014.

According to Art. 97(8) of Decree No. 1402, banking institutions are prohibited from transferring their principal computer centres and databases, either in electronic form or as users' physical documents, to a foreign territory. The Superintendency of Banking Sector Institutions is in charge of issuing regulations to determine which computer centres and databases qualify as principal in accordance with a binding opinion issued by the Central Bank.
The repealed Banking Sector Institutions Law of 2010 contained a similar restriction in Art. 99 with the difference that it prohibited the transfer of all computer centres and databases and not only those determined to be principal. The 2010 law was reformed in 2011 by Decree 8.079, which maintained the restriction in Art. 99. This 2011 decree was repealed by Decree No. 1.402 of 2014.

According to Arts. 34-35 of the Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones), the National Telecommunications Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. However, Art. 40 provides that the Board of Directors is made up of the General Director of the National Telecommunications Commission, who presides over it, and four directors who are freely appointed and removed by the President of the Republic, therefore making the authority not fully independent from the government.

According to Arts. 34-35 of the Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones), the National Telecommunications Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. However, Art. 40 provides that the Board of Directors is made up of the General Director of the National Telecommunications Commission, who presides over it, and four directors who are freely appointed and removed by the President of the Republic, therefore making the authority not fully independent from the government.

Venezuela has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Art. 5 of the Organic Telecommunications Law provides that to establish or operate telecommunications networks and to provide telecommunications services, the prior obtaining of the corresponding administrative authorization, concession or permit, if necessary, shall be required, in the cases and conditions established by the legislation and the National Telecommunications Commission. The mentioned activities and services may be subject to quality parameters and special goals of uniform minimum coverage, as well as to the provision of services under preferential conditions of access and prices to certain public institutions.

Venezuela 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 2011. The Organic Telecommunications Law establishes in the Final Provisions (13th) that the regulations of this Law may provide for the obligation of telecommunications operators to separate their accounting by services, in order to guarantee transparency in their operations and allow effective control by the Comisión Nacional de Telecomunicaciones (National Telecommunications Commission) and by the Superintendencia para la Promoción y Protección de la Libre Competencia (Superintendency for the Promotion and Protection of Free Competition), in accordance with the rules established for such purpose.

Venezuela has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.