Art. 35 of Law No. 2069 of 2020 establishes the tie-break mechanism applicable to public procurement processes. Where two or more bids obtain the same total score, the contracting entity must apply a series of criteria sequentially and exclusively, in the order listed, while ensuring consistency with Colombia’s international commitments, until the tie is resolved. The first criterion is a preference for national goods and services over foreign goods and services. Other criteria include the preference for companies employing at least 10% of the workforce that is indigenous, Black/Afro-Colombian, Raizal, Palenquero, and Gypsy populations, and a preference for bids submitted by SMEs, cooperatives, or mutual associations.

There have been frequent complaints about the lack of transparency and rule changes during the award of major government contracts. It has been reported that, despite Law No. 80, transparency, fairness, and truly competitive bidding conditions in many tenders remain uncertain. These factors remain significant market access barriers for some companies interested in public sector contracts.

Resolution 1,463 states that mobile devices destined for public mobile telephony and data transmission services to be distributed or commercialized in the Chilean market must: be homologated, certified and validated by an authorised entity (SUBTEL), among other requirements. There is a transparent protocol of homologation (Annex II of the Resolution). According to Art. 3, a certificate of a country where a Mutual Recognition Agreement (MRA) applies is accepted for the purpose of homologation.
Under Exempt Resolution No. 737, mandatory certification applies solely to designated categories of medical devices, while all other short‑range devices demonstrate regulatory compliance through a compulsory QR code displayed on the product packaging. This QR code must direct users to a publicly accessible, Spanish‑language webpage containing specific required information, including the local importer’s business name, Chilean address, and contact details; the identification of a legal representative in Chile, which is obligatory for foreign manufacturers; a downloadable PDF test report issued by an accredited laboratory holding at least two internationally recognised accreditations (such as FCC, CE/ETSI or ISO/IEC 17025); a signed, downloadable declaration of conformity; and evidence of electromagnetic compatibility (EMC) certification. The regulation encompasses a broad range of equipment, including Wi‑Fi devices (routers, access points and IoT products), Bluetooth devices (headphones, speakers and wearables), Zigbee devices used in home automation, RFID readers and active tags, IoT sensors and telemetry units, and other short‑range devices such as wireless microphones, radio alarms and ultra‑wideband (UWB) equipment.

Decree No. 473 stipulates that the de minimis threshold, defined as the minimum value of goods below which customs duties are not levied, is set at USD 500. In October 2025, this threshold was increased from USD 41 to the current level of USD 500.

According to Art. 152 of Chapter X (included in September 2022 by Law No. 21.431) of the Labour Code of Chile, the employment contract of dependent digital platform workers shall indicate an official channel where the worker can present his/her objections, claims or requirements. The indicated channel must have a physical place of attention, a local telephone and a company representative responsible for attending to the described purposes. The law defines a digital service platform company as an entity that operates or manages a computer or technological system executable on mobile or fixed device applications for a fee.
Resolutions 2 and 3 of the SII Exempt Resolution No. 101 stipulate that digital service platform companies without domicile or residence in Chile are required to designate a representative within the country. This Exempt Resolution was issued within the framework of the implementation of Law No. 21.431.

The Regulation on Electronic Commerce and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 1 of the Regulation, its purpose is to strengthen the transparency and quality of the information provided to consumers in electronic commerce platforms regarding the characteristics, essential features, price of the products and services offered and all other relevant information to encourage informed decision making, with a view to the purchase of products or services.

Chile has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Art. 15 of Decree No. 18 provides that, for all actions leading to the conclusion, amendment, or termination of a contract, as well as for any actions that may give rise to contractual obligations, telecommunications service providers must implement mechanisms that ensure the unequivocal identification of the parties. For these purposes, the Undersecretariat of Telecommunications may establish security standards, including minimum authentication protocols or factors that telecommunications service providers must comply with in order to verify the unambiguous identity of the parties, such as validation questions, biometric measures, and advanced electronic signature certificates, among others.
Art. 2 of Exempt Resolution No. 566 further provides that the conclusion of service contracts, as well as any activation of SIM cards and the sale of devices, must be undertaken using at least one recognised security standard for identity verification, regardless of whether the interaction occurs in person, by telephone or online, including the presentation of a valid national identity card or passport and verification of the applicant’s identity through live fingerprint biometrics compared against records held by the Civil Registry and Identification Service or authorised biometric providers; verification of the applicant’s valid identity document through facial biometrics by confirming the match between the document photograph and the scanned face, performing liveness detection and excluding impersonation attempts by means such as photographs, videos, image manipulation, video projection or masks; or the use of an advanced electronic signature.

The Subsecretaría de Telecomunicaciones (SUBTEL), Chile’s telecommunications regulator, operates within the Ministry of Transport and Telecommunications. Art. 6 of the General Telecommunications Law establishes that the application and enforcement of this law and its implementing regulations shall correspond to the Ministry of Transport and Telecommunications, acting through SUBTEL. The same provision further assigns to the Ministry the exclusive competence to provide the technical interpretation of the legal and regulatory framework governing telecommunications. Although the regulator is administratively dependent on the government, it is reported that, in practice, it has consistently exercised a degree of institutional independence, demonstrating autonomy in certain decision-making processes.

RAN Chapter 20-7 requires banks to maintain a real-time local copy of certain critical data, even where cloud-based or overseas services are used. In particular, when a bank outsources “significant or strategic” processing abroad, it must also retain a contingency data-processing centre in Chile containing up-to-date information to ensure operational continuity (Section IV.1.b.i), a requirement commonly interpreted as mandating the domestic mirroring of essential banking records. Although the Chilean regulator introduced a limited relaxation in 2019 by creating a narrow exception for institutions demonstrating exceptionally robust risk-management frameworks, most banks remain subject to the local-site obligation. In practice, therefore, RAN 20-7 encourages reliance on domestic infrastructure, as relatively few institutions qualify for the exception and banks using global cloud providers must generally establish backup facilities within Chile. Overall, the Chilean Financial Market Commission (CMF) ensures that critical financial data remain accessible within national territory, thereby reinforcing regulatory oversight while simultaneously increasing compliance costs and discouraging exclusive dependence on foreign cloud storage solutions.

Pursuant to Art. 27 of the Act on the Protection of Private Life, cross-border data transfers to an individual, entity, or organisation are authorised through the following mechanisms: (i) an adequacy decision; (ii) contractual clauses, binding corporate rules, or other legal instruments established between the transferor and transferee; or (iii) a compliance framework or certification mechanism accompanied by appropriate safeguards. In addition, a "specific and non-customary" transfer may be permitted under the following circumstances:
- With the explicit consent of the data subject;
- Where the transfer pertains to a banking, financial, or stock exchange transaction under the applicable legal framework;
- Where the transfer is necessary to fulfil international obligations arising from treaties and conventions ratified by the Chilean State;
- Where the transfer is essential for cooperation between public bodies in the execution of their functions or for international judicial cooperation;
- Where the transfer is required for the conclusion or performance of a contract or pre-contractual measures between the data subject and the data controller; or
- Where the transfer is necessary for urgent medical or public health measures or the management of healthcare services.

Chile has joined several agreements with binding commitments to open transfers of data across borders. These include: the Chile - Uruguay FTA (Art. Art. 8.10), the Trade Agreement between the Argentine Republic and the Republic of Chile (Art. 11.6), the First Amending Protocol [which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance (Arts. 13.11 and. 13.12(c)], the Chile - Brazil Bilateral Trade Agreement (Art. 10.12), the Digital Economy Partnership Agreement ("DEPA") Between Singapore, Chile & New Zealand (Art. 4.3(2)), the Economic Complementation Agreement No. 75 between the Republic of Chile and the Republic of Ecuador (Art. 10.11.2), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11.2), the Chile - Paraguay Free Trade Agreement (Art. 7.11(2)), the Protocol to the Digital Economy Partnership Agreement (Art. 5), and the Pacific Alliance-Singapore Free Trade Agreement (Art. 13.14).

Law No. 19.628 establishes a comprehensive framework for data protection in Chile. At present, supervisory responsibilities rest with the Chilean Transparency Council. However, pursuant to an amendment enacted in 2024, the legislation provides for the creation of the Personal Data Protection Agency, which will assume responsibility for ensuring compliance with, and enforcement of, the law from 1 December 2026.