CHILE
Since August 1999, last amended in December 2024
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 19.628 on the Protection of Private Life (Ley N° 19.628, sobre Protección de la Vida Privada)
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.
Coverage Horizontal
CHILE
Since September 2000, as amended in January 2004, last amended in June 2023
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law No. 19.696 – Establishes the Criminal Procedural Code (Ley No. 19.696 – Establece el Código Procesal Penal)
Art. 218 ter of the Criminal Procedural Code stipulates that public telecommunications service concessionaires and internet service providers must, on a confidential basis and employing the appropriate security measures, maintain on a continuous basis and for a period of one year an updated list and record of their authorised IP address ranges and of the IP numbers corresponding to the connections made by their clients or users, together with the relevant traffic data, as well as the domiciles or residences of those clients or users, so that this information is available to the Public Prosecutor’s Office when required for the purposes of a criminal investigation.
Coverage Public telecommunications service concessionaires and internet service providers
Sources
CHILE
Since August 1999, as amended in December 2024, entry into force in December 2026
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 19.628 on the Protection of Private Life (Ley No. 19.628 sobre Protección de la Vida Privada)
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.
- 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.
Coverage Horizontal
CHILE
Since June 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Chile is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CHILE
Since August 1970, as amended in May 2010, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Act No. 17.336 on Intellectual Property (Ley No. 17.336 de Propiedad Intelectual)
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.
Coverage Horizontal
CHILE
Reported in 2018, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported weak online copyright enforcement
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260129210744/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20260129211834/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20260129211853/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20Special%20301.pdf
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CHILE
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Chile has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CHILE
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Chile has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CHILE
Since January 1991, last amended in March 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Act No. 19,039 on Industrial Property (Ley No. 19,039 de Propiedad Industrial)
Act No. 19,039 provides a framework for the effective protection of trade secrets. Arts. 86-88 refer to trade secrets as business secrets. A trade secret is any knowledge relating to products or industrial processes that, when kept secret, confers on its holder a competitive advantage. In order to claim the protection that the Chilean law grants to holders of trade secrets, it is necessary to meet these three requirements: 1) the information should always remain secret, which means that it should not be generally known or readily accessible to third parties; 2) the information must have trade value –or at least potential commercial value– for the SME, and it should be linked to the fact it is secret; 3) the holder of the trade secret must take “reasonable steps” to protect the information as confidential.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220701084857/https://thelawreviews.co.uk/title/the-intellectual-property-review/chile
- https://web.archive.org/web/20240724031950/https://www.bcn.cl/leychile/navegar?idNorma=30406
- https://web.archive.org/web/20241128145532/https://www.cde.ual.es/wp-content/uploads/2021/09/EA0320482ENN.en_.pdf
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CHILE
Since July 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 21.245: Regulation on Automatic Roaming and Mobile Virtual Operation (Ley No. 21,245 - Reglamento sobre Roaming Automático y Operación Móvil Virtual)
According to Art. 26 bis of Law No. 21.245, concessionaires of public telecom services that are assigned rights to use the radioelectric spectrum must allow access and use of their facilities to other public service concessionaires (or concessionaires that are interested in establishing themselves as such) for virtual mobile and automatic roaming operations.
Coverage Telecommunications sector
CHILE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Chile does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CHILE
Since February 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Chile has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=9812,23570,3813,14904,25662&CurrentCatalogueIdIndex=1&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&...
- https://web.archive.org/web/20220119045049/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc18.pdf
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CHILE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Chile is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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CHILE
Since July 2003, as amended in December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Act No. 19.886 about the Administrative Contracts Bases for Supply and Provision of Services (Ley No. 19.886, de Bases sobre Contratos Administrativos de Suministro y Prestación de Servicios)
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.
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.
Coverage Horizontal
