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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.39%
Coverage rate of zero-tariffs on ICT goods (%)
81.91%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
BOLIVIA
Since October 2012
Since November 2024
Since November 2024
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supreme Decree No. 1391 - General Regulation to the Telecommunications and Information and Communication (Decreto Supremo No. 1391 - Reglamento General de Telecomunicaciones e Información y Comunicación)
Regulatory Administrative Resolution ATT‑DJ‑RAR‑TL LP 539/2024 – Guidelines for the Registration and Approval of Telecommunications and ICT Equipment (Resolución Administrativa Regulatoria ATT‑DJ‑RAR‑TL LP 539/2024 – Instructivo para el Registro y Homologación de Equipos de Telecomunicaciones y TIC)
Regulatory Administrative Resolution ATT‑DJ‑RAR‑TL LP 539/2024 – Guidelines for the Registration and Approval of Telecommunications and ICT Equipment (Resolución Administrativa Regulatoria ATT‑DJ‑RAR‑TL LP 539/2024 – Instructivo para el Registro y Homologación de Equipos de Telecomunicaciones y TIC)
According to Arts. 14-15 of the Supreme Decree 1391, a homologation process is needed for telecom products, which requires an administrative resolution by the "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (Regulatory Authority for Telecommunications and Transportation, ATT). Moreover, Art. 16 states that the importation of telecom equipment and antennas used for satellite reception requires prior authorisation from the ATT. It is reported that the products that require approval include: modems, wireless telephones, transceiver terminals, equipment for television broadcasting, equipment for sound broadcasting, equipment for Earth stations, power amplifiers for radio frequency, transceivers and transmitters switching stations, equipment for data networks, multiplexers, and optical line terminal equipment.
Art. 14 of the "Guidelines for the Registration and Approval of Telecommunications and ICT Equipment" stipulates that, for the homologation of any telecommunications or ICT device, terminal or equipment, the applicant must submit to the ATT, among other requirements, the following documents: a certificate of conformity for the equipment subject to homologation, issued by an international body recognised by the ATT, and laboratory test reports relating to the equipment to be approved.
Art. 14 of the "Guidelines for the Registration and Approval of Telecommunications and ICT Equipment" stipulates that, for the homologation of any telecommunications or ICT device, terminal or equipment, the applicant must submit to the ATT, among other requirements, the following documents: a certificate of conformity for the equipment subject to homologation, issued by an international body recognised by the ATT, and laboratory test reports relating to the equipment to be approved.
Coverage Telecom and ICT devices, terminals and equipment
Sources
- https://web.archive.org/web/20260129193538/https://www.att.gob.bo/sites/default/files/archivos_portada/2024-12/ATT-DJ-RAR-TL%20LP%20539_2024.PDF
- https://web.archive.org/web/20220308090550/https://att.gob.bo/sites/default/files/archivosvarios/Decreto%20Supremo%201391%20Reglamento%20General%20a%20la%20Ley%20164%20de%20Telecomunicaciones%20y%20Te...
- http://web.archive.org/web/20260210021913/https://www.larcg.com/where-we-work/bolivia/
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BOLIVIA
Since August 2000
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Regulations to the Customs Law - Supreme Decree No. 25870 (Reglamento de la Ley de Aduanas, Decreto Supremo No. 25870)
According to Art. 195 of the Supreme Decree No. 25870, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This regime only applies to shipments imported through the "Empresa de Correos de Bolivia" (ECOBOL), the designated postal operator. Parcel post and express shipments may be imported through ECOBOL, free of customs duties. These shipments are defined as those containing goods that are not sent by commercial companies, whose importation is neither prohibited nor subject to prior authorisation, and which meet the specified value threshold.
Coverage Horizontal
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Bolivia lacks a framework for consumer protection applicable to online commerce.
Coverage Horizontal
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bolivia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bolivia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bolivia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BOLIVIA
Since August 2011
Since December 2025
Since December 2025
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
Supreme Decree No. 5509 (Decreto Supremo No. 5509)
Supreme Decree No. 5509 (Decreto Supremo No. 5509)
The General Telecommunications, Information and Communication Technologies Law regulates the telecom sector's licensing regime.
It is reported that, in 2024, the Bolivian Government refused to grant SpaceX, the owner of the Starlink satellite network, a licence to operate in the country on the grounds of data protection and national sovereignty. On 22 December 2025, however, the Government issued Supreme Decree No. 5509, which authorises global satellite internet providers such as Starlink and Kuiper to offer nationwide connectivity, and its sole article specifies that the implementation of telecommunications services through low‑Earth‑orbit satellites is permitted within Bolivian territory.
It is reported that, in 2024, the Bolivian Government refused to grant SpaceX, the owner of the Starlink satellite network, a licence to operate in the country on the grounds of data protection and national sovereignty. On 22 December 2025, however, the Government issued Supreme Decree No. 5509, which authorises global satellite internet providers such as Starlink and Kuiper to offer nationwide connectivity, and its sole article specifies that the implementation of telecommunications services through low‑Earth‑orbit satellites is permitted within Bolivian territory.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240511191129/https://www.lexivox.org/norms/BO-L-N164.html
- https://datahub.itu.int/data/?i=100051&s=12581
- https://web.archive.org/web/20260128180527/http://www.gacetaoficialdebolivia.gob.bo/normas/verGratis_gob/281024
- https://web.archive.org/web/20260128180522/https://apnews.com/article/bolivia-paz-internet-starlink-kuiper-spacex-ecbce966d029117126eaae9ed81d4317
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BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Bolivia has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
The "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240630160621/http://www.aaps.gob.bo/images/MarcoLegal/DecretoSupremo/DS071.pdf
- https://web.archive.org/web/20230326192804/https://www.att.gob.bo/
- https://web.archive.org/web/20250308180045/https://datahub.itu.int/data/?i=100088&s=3109&e=BOL
- https://web.archive.org/web/20260128183354/https://app.gen5.digital/tracker/country-cards/Bolivia%20(Plurinational%20State%20of)
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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
