ECUADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Ecuador 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
ECUADOR
Since April 2002
Since July 2000, last amended October 2011
Since July 2000, last amended October 2011
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2002-67 - Electronic Commerce, Electronic Signatures and Data Messages Law (Ley No.2002-67-Ley de Comercio Electrónico, Firmas Electrónicas y Mensajes de Datos)
Organic Law on Consumer Defense (Ley Orgánica de Defensa del Consumidor)
Organic Law on Consumer Defense (Ley Orgánica de Defensa del Consumidor)
The Electronic Commerce, Electronic Signatures and Data Messages Law and the Organic Law on Consumer Defense provide a comprehensive framework for consumer protection that also applies to online transactions. Arts. 36-39 of the former, provides information about administrative entities of regulation, authorization, and registration. Arts. 41-42 establish the bout sanctions for illegal activities of merchants. And Arts. 48-50 clarifies consumers' right, including the consent to the acceptance to data messages and the protection for consumers' information. In addition, the Organic Law on Consumer defense also provides additional safeguards for consumer protection online.
Coverage Horizontal
Sources
- https://www.arcotel.gob.ec/wp-content/uploads/downloads/2015/04/LEY-COMERCIO-ELECTRONICO-FIRMAS-ELECTRONICAS-Y-MENSAJE-DE-DATOS.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail
- https://library.fes.de/pdf-files/bueros/quito/07403.pdf
- https://webcache.googleusercontent.com/search?q=cache:bja6fOjQ86AJ:https://www.cienciadigital.org/revistacienciadigital2/index.php/VisionarioDigital/article/download/1774/4420/&cd=15&hl=es&ct=clnk&gl=...
- Show more...
ECUADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Ecuador has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ECUADOR
Since November 1999, last amended in December 2017
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Company Law (Ley de las Compañías)
According to Art. 415 of Company Law, foreign companies must appoint at least one representative to carry out all legal acts and businesses that are destined to take effect in the national territory. This representative must be able to answer the demands and comply with the obligations. In addition, they must constitute in Ecuador a capital destined for the activity to be developed.
Coverage Horizontal
ECUADOR
Since April 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Comex Resolutions 005-2021 (Resolución No. 005-2021)
Following Art. 3 of Comex Resolutions 005-2021, Ecuador's de minimis threshold, which is the minimum value of goods below which customs do not charge duties, increased to 400 USD and 4kg. However, this applies only to non-commercial postal shipments, while it is reported that express shipments pay 42 USD import tax per shipment - regardless of value.
Coverage Horizontal
ECUADOR
Since June 2017
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Regulation for approval and certification of telecommunications terminal equipment (Reglamento para homologación y certificación de equipos terminales de telecomunicaciones)
It is reported that in 2018, the local regulator Telecommunication Regulation and Control Agency (ARCOTEL) expressed interest in conducting in-country testing and homologation certification, with the goal of becoming the exclusive homologation lab for Ecuador, which means all manufacturers need to have their products certified in Ecuador, and certifications from internationally recognized homologation labs would no longer be recognized. However, according to Art. 17 of the Regulation for approval and certification of telecommunications terminal equipment, the homologation of terminal equipment issued by other countries may be recognized by ARCOTEL, as long as there are cooperation or mutual recognition agreements. The following products require ARCOTEL’s approval: terminals for Advanced Mobile Service (SMA); terminals for the Carrier Service (P); terminals for the Fixed Telephone Service (STF); terminals for the Telecommunications Satellite Service (TTS); terminals for Internet Access (AI); terminals for the Trunked Service (T); terminals for Community Service (C).
Coverage Telecommunications equipment
Sources
- http://www.arcotel.gob.ec/homologacion-organismos-internacionales-reconocidos-para-la-homologacion-de-equipos-2/
- https://www.gob.ec/sites/default/files/regulations/2018-10/REGLAMENTO-DE-HOMOLOGACIIO%CC%81N-R.Oficial-1.pdf
- http://www.arcotel.gob.ec/homologacion-equipos-terminales-que-requieren-homologacion2/
- https://www.larcg.com/where-we-work/ecuador/
- Show more...
ECUADOR
Since February 2015
Pillar Content access |
Sub-pillar Restrictions on online advertising
Organic Law on Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 98 of the Organic Law on Telecommunications, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador, or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realization and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Coverage Advertising sector
ECUADOR
Since October 2015
Pillar Intermediary liability |
Sub-pillar User identity requirement
Telecommunications and value added services subscriber regulation
According to Art. 5 of Telecommunications and value added services subscriber regulation, the registration of cell phones and SIM cards using national ID is mandatory.
Coverage Telecommunications sector
ECUADOR
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 Ecuador's law and jurisprudence.
Coverage Internet intermediaries
ECUADOR
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Ecuador's law and jurisprudence.
Coverage Internet intermediaries
ECUADOR
Since May 2021, entry into force in 2023
Pillar Domestic Data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Law (Ley Orgánica de Datos Personales)
According to Art. 42 of Personal Data Protection Law, the controller shall perform a Data Protection Impact Assessment (DPIA) when its data processing has been identified as high risk to the rights and freedoms of the data subject, by its nature, context or purposes.
Coverage Horizontal
ECUADOR
Since May 2021, partial entry into force in 2023
Pillar Domestic Data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Law (Ley Orgánica de Datos Personales)
According to Art. 48 of Personal Data Protection Law, the Data Protection Officer must be appointed in the following cases:
- When the processing is carried out by those who make up the public sector in accordance with the provisions of Art. 225 of the Constitution;
- When the activities of the person responsible or in charge of the processing of personal data require a permanent and systematised control due to the volume, nature, scope, or purposes of the processing, as established in this law, the regulations thereof, or in the regulations issued in this regard by the Superintendency;
- When there is large-scale processing of special categories of data, in accordance with the provisions of the regulations of this law;
- When the processing does not refer to data related to national security and defence of the State that are confidential or secret, in accordance with the provisions of the specialised regulations on the matter.
- When the processing is carried out by those who make up the public sector in accordance with the provisions of Art. 225 of the Constitution;
- When the activities of the person responsible or in charge of the processing of personal data require a permanent and systematised control due to the volume, nature, scope, or purposes of the processing, as established in this law, the regulations thereof, or in the regulations issued in this regard by the Superintendency;
- When there is large-scale processing of special categories of data, in accordance with the provisions of the regulations of this law;
- When the processing does not refer to data related to national security and defence of the State that are confidential or secret, in accordance with the provisions of the specialised regulations on the matter.
Coverage Horizontal
ECUADOR
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation to agreement with binding commitments on data flows
Ecuador has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
ECUADOR
Since May 2021, entry into force in 2023
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Personal Data Protection Law (Ley Orgánica de Datos Personales)
The National Assembly of Ecuador enacted on 26 May 2021 the Personal Data Protection Law, which is the first specific legal regulation about personal data protection. The law is currently in force, however some provisions will enter in force by May 2023.
Coverage Horizontal
ECUADOR
Since May 2021, partial entry into force in 2023
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Personal Data Protection Law (Ley Orgánica de Datos Personales)
According to Art. 56 of the Personal Data Protection Law, personal data can be transferred to countries that comply with internationally recognized standards in accordance with the criteria that will be established in the regulation of the law, which are not yet published. When necessary due to the nature of the transfer, the Personal Data Protection Authority may implement ex-post control methods. According to Art. 60 of the law, without prejudice to the provisions of the preceding articles, international transfers or communications of personal data may be carried out in some circumstances including with the explicit consent of the data subject, for the fulfillment of institutional competencies, to comply with a legal or regulatory obligation, and for the performance of a contract between the holder and the controller of the personal data.
Coverage Horizontal