BOLIVIA
Since January 2025
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Implementation Plan for Free Software and Open Standards (Plan de Implementación de Software Libre y Estándares Abiertos)
Section 4.4 of the Implementation Plan for Free Software and Open Standards stipulates that public entities are prohibited from storing the State’s “non‑public” data on servers located outside the national territory. Such data must be held exclusively within the technological infrastructure of public institutions or through State‑operated cloud services, and in all cases within the country’s borders. In contrast, public entities may use open platforms for the management of public data, provided that local backups are maintained within the State's technological infrastructure to ensure continued accessibility and long‑term preservation.
Coverage Public sector
BOLIVIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Bolivia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
BOLIVIA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Bolivia has not implemented a comprehensive data protection law. However, personal data is regulated in certain sectoral laws, including:
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Digital Citizenship Law (Art. 12).
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Digital Citizenship Law (Art. 12).
Coverage Horizontal
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries
BOLIVIA
Since November 2009
Pillar Intermediary liability |
Indicator User identity requirement
Supreme Decree No. 353 (Decreto Supremo No. 0353)
Art. 5 of Supreme Decree No. 353 provides that owners of mobile terminal equipment, as well as account holders, must register in the Registers referred to in Art. 4 either by electronic means (including websites, SMS, email, and similar channels) or by appearing in person at the offices of their service provider, and that where registration is carried out electronically, information relating to personal identity shall be verified against other public registers; Art. 4 further provides that these Registers shall contain, in the case of the Register of Ownership of Mobile Terminal Equipment, the name of the owner, the number of the personal identification document, and the International Mobile Equipment Identity (IMEI) code or its equivalent, and, in the case of the Nominal Register of Account Holders, the name of the account holder, the number of the personal identification document, and the telephone number.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250215172338/https://www.att.gob.bo/sites/default/files/archivos_listados_pdf/2024-08-28/DECRETO%20SUPREMO%20353%20REGISTRO%20DE%20IMEIs.pdf
- https://web.archive.org/web/20210127194622/https://www.att.gob.bo/content/att-comunica-los-nuevos-usuarios-de-telefon%C3%ADa-m%C3%B3vil-que-al-momento-de-comprar-nuevas-sim
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of ratification of the WIPO Performances and Phonogram Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Bolivia lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
BOLIVIA
Since August 2011
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
According to Art. 21 of the General Telecommunications, Information and Communication Technologies Law, there is a passive infrastructure sharing obligation both in the fixed and mobile sectors.
Coverage Telecommunications sector
BOLIVIA
Since May 2008
Since April 2014
Since April 2014
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Supreme Decree No. 29544 (Decreto Supremo No. 29544)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
There is a limitation on foreign equity participation in the government‑controlled telecommunications company Entel, which was nationalised by Supreme Decree No. 29544. Art. 19 of Law No. 516 stipulates that the assets and investments recovered through nationalisation processes undertaken by the State for the recovery of natural resources and strategic sectors may not, under any circumstances, be privatised in any form.
Coverage Telecom company Entel
BOLIVIA
Since May 2008
Since April 2014
Since April 2014
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Supreme Decree No. 29544 (Decreto Supremo No. 29544)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
According to the Supreme Decree No. 29544, the State of Bolivia nationalised the share package held by the company ETI EURO TELECOM INTERNATIONAL NV in Empresa Nacional de Telecomunicaciones Sociedad Anónima - ENTEL S.A.A. The Bolivian State owns 97.5% of the shares of ENTEL, while the other 2.5% is owned by minority shareholders. In addition, according to Art. 19 of Law No. 516, assets and investments recovered as a result of the nationalisation processes carried out by the State may not be privatised under any modality.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20170818105959/https://www.lexivox.org/norms/BO-DS-29544.html
- https://institucional.entel.bo/inicio3.0/files/institucional/memorias_institucional/Memoria%20Anual%20Entel%20(2020).pdf
- https://institucional.entel.bo/inicio3.0/index.php/presentacion1/historia#:~:text=El%201ro%20de%20mayo%20de,suscritos%20con%20clientes%20y%20proveedores.
- https://www.wipo.int/wipolex/en/text/337477
- Show more...
BOLIVIA
Since June 2009, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 31 of Supreme Decree No. 0181 stipulates that, in the procurement of goods and services through public tender procedures and the Support for National Production and Employment (ANPE) modality, a preference margin of 20% shall be applied to the bid price submitted by micro‑ and small‑sized enterprises, associations of small-scale urban and rural producers, peasant economic organisations, and artisans. The numerical adjustment factor applicable in such cases shall be 0.80. In addition, these entities may also benefit from the preference margins established under Art. 30.
Coverage Horizontal
BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The country does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, according to Art. 45 of the General Telecommunications, Information, and Communication Technologies Law, accounting separation is mandated since 2011.
Coverage Telecommunications sector
BOLIVIA
Since June 2009, as amended in May 2018, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 87 Bis of Supreme Decree No. 0181 stipulates that, where a contract is awarded to a foreign bidder, the latter shall be required to subcontract national enterprises, provided that such enterprises are available within the domestic market
Coverage Horizontal
