Art. 15 ter of Law No. 19.628 stipulates that a data protection impact assessment (DPIA) must be conducted whenever a type of processing, by virtue of its nature, scope, context, technology employed, or intended purposes, is likely to pose a high risk to the rights of data subjects. The obligation to carry out an impact assessment arises in the following circumstances:
- where there is a systematic and comprehensive evaluation of personal aspects relating to data subjects, based on automated processing or decision-making, including profiling, which produces significant legal effects concerning them;
- where the processing involves mass or large-scale data operations;
- where the processing entails systematic observation or monitoring of a publicly accessible area; or
- where sensitive or specially protected data are processed in situations where consent is not required.

Chile has a safe harbour regime in place for intermediaries for copyright infringements. According to Art. 85 L of Act No. 17.336, as amended by Act No. 20.435 of 2010, the intermediary has an 'effective knowledge' and is therefore liable only if it has been notified by a court order but has not properly executed the order.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Chile's law and jurisprudence. The scope of the safe harbour regime in place under Act No. 17,336 only applies to intellectual property rights.

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.

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

Chile is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Pursuant to Article 7.d.1 of Act No. 19.886, “agile procurement” constitutes a procedure through which State bodies may procure goods and/or services for an amount equal to or not exceeding 100 monthly tax units (approx. USD 7.700), following a request for at least three quotations. This form of procurement must be undertaken with small‑scale enterprises and local suppliers. Art. 56 further provides that only where the requesting public body has not received any quotation from a small‑scale enterprise or a local supplier may it select a provider that does not possess those characteristics.
In addition, pursuant to Art. 61, where tenders involve an amount below 500 monthly tax units (approx. USD 38.500), municipalities, regional governments, and territorially decentralised public bodies may establish evaluation criteria that confer priority or preference upon local suppliers situated within the relevant geographical area. Such scores or weightings may not, under any circumstances, be the sole factors considered in determining the award of the most advantageous bid.

Chile is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.

Act No. 20.848 sets forth that foreign investors shall be treated in the same manner as local investors. Consequently, it is forbidden to discriminate against a foreign investor or a company that is majority- or minority-owned by these types of investors. Art. 9 states that foreign investors are subject to the same legal regime as national investors without arbitrary discrimination.

Under Art. 5 of the Fintech Law, the entry into the Financial Market Commission (CMF) Register of Financial Service Providers is a prerequisite for the provision of technology-based financial services, including (a) crowdfunding platforms, (b) the operation of alternative trading systems, (c) credit and investment advice, (d) custody of financial instruments and (e) order routing and financial instrument intermediation. International businesses providing these services must be domiciled in Chile. Art. 5 mentions some entities exempt from this requirement.

Art. 2 of the Industrial Property Act states that natural or legal persons residing abroad must designate a proxy or representative in Chile to file a patent application. A patent must be registered with the National Institute for Industrial Property (INAPI). An application should be filed before the invention is disclosed to the public. A prior foreign application can be invoked in Chile within a certain period of time. The patent must fulfil three main requirements: novelty, level of invention, and industrial application.

Chile is a party to the Patent Cooperation Treaty (PCT).

Chile has a copyright regime under Law No. 17.336. However, the exceptions do not follow the fair use or fair dealing model and, therefore, limit third parties' lawful use of copyrighted works. Title III lists the exceptions, including the reproduction of: lawfully published works which are made for the benefit of persons with visual, hearing or other disabilities; works of architecture by means of photography, cinema, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education; among others.

It is reported that online piracy constitutes a substantial challenge for copyright enforcement in Chile, where levels of digital piracy remain high and enforcement efforts have long been regarded as insufficient. Stream‑ripping is said to be particularly widespread; such software enables users to produce unauthorised copies of copyrighted works from legitimate streaming platforms. In addition, stakeholders continue to observe significant levels of piracy facilitated through illicit streaming devices and unlawful internet protocol television applications. Chile has also been urged to strengthen its internet service provider liability framework in order to allow for more effective and expeditious action against online piracy.