Chile has a safe harbour regime in place for intermediaries for copyright infringements. According to Art. 85 L of Act No. 17,336, 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.

According to Art. 8 of Resolution No. 1,463 of 2016, foreigners travelling to Chile who wish to use their phone or other mobile device with a local SIM card must register the device in the system for it to continue operating in Chile beyond 30 days after activation on the network. This registration process requires a copy of the identity card of the individual who brought the device into the country, along with a copy of their passport.

According to the App Transportation Companies Act (EAT), which regulates paid passenger transportation services offered through applications, any company wishing to provide passenger transportation services through applications must be registered in the Registry of App Transportation Companies supervised by the Ministry of Transport and Telecommunications and be domiciled in Chile (Art. 4).
According to Art. 1 of the law, an application transport company covers any legal person that provides or makes available to persons a digital platform service, computer system or technology of any kind, which allows a passenger to contact the owner, manager or driver of a small passenger transport vehicle, to be transported from a given origin to a given destination, upon payment of a fee for the service received.

Resolution 1,463 states that mobile devices destined for public mobile telephony and data transmission services to be distributed or commercialized in the Chilean market must: be homologated, certified and validated by an authorised entity (SUBTEL), among other requirements. There is a transparent protocol of homologation (Annex II of the Resolution). According to Art. 6, a certificate of a country where a Mutual Recognition Agreement (MRA) applies is accepted for the purpose of homologation.

Importers of products listed in Art. 1 of Resolution 1,985 need to obtain a certificate issued by the regulator SUBTEL. These products include several ICT products such as portable transceivers, remote controls, wireless microphones, wireless telephones, and RFID equipment, among others. If a device can be classified under these categories, a homologation certificate will be issued upon obtaining a certificate of conformity from a registered Chilean testing facility. If a device cannot be classified under these categories, then the manufacturer must obtain “special authorisation” from SUBTEL. When there is a Mutual Recognition Agreement (MRA), no further authorisation is needed (Art. 2). It is possible to use existing test reports by laboratories with international validation for the certification process (Art. 6). Technical documents are reviewed and validated in the approval process.
It is reported that these products must be homologated: portable transceivers; remote radio controls; wireless microphones; wireless telephones, including some DECT systems; RFID equipment; radio alarms; communication systems for medical implantation; other equipment used for medical applications; equipment used as radar systems in vehicles; Zigbee devices.

Chile has made binding commitments to data flows in several preferential trade agreements. According to Art. 13.11 of the First Amending Protocol (which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance), the four parties (Chile, Colombia, Peru, and Mexico) commit to allowing cross-border information transfers through electronic means, including also the transfer of personal data for business activities. Moreover, in Art. 13.11.bis the parties commit to banning forced localisation of computer facilities in their national territories. Other binding commitments on data flows can be found in the Digital Economy Partnership Agreement (DEPA) together with Singapore and New Zealand, Art. 10.12 of the Chile - Brazil Bilateral Trade Agreement, Art.8.10 of the Trade Agreement between the Republic of Chile and the Oriental Republic of Uruguay, and Art.11.6 of the Trade Agreement between the Argentine Republic and the Republic of Chile, and Art. 14.11.2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

A comprehensive framework for data protection is in force under Act No. 19,628 Private Life Protection Act.

According to Art. 222 of the Criminal Procedure Code, telecommunication and internet service providers must store records documenting some users' data, including a list of the users' IP addresses, and register their IP numbers for at least one year.

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 not 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.

There are concerns about the adequacy and effectiveness of the protection and enforcement of IP in Chile. Furthermore, there are concerns about the lack of effective remedies to deal with the illegal circumvention of technological protection measures and about an ineffective Internet Service Provider liability regime against online piracy. Chile passed legislation establishing criminal penalties for the importation, commercialisation, and distribution of decoding devices used for the theft of encrypted program-carrying satellite signals, but it is reported that it lacks information about the full scope of activities criminalised in the implementation of the law and that it should provide remedies or penalties for willfully receiving or further distributing illegally decoded encrypted program-carrying satellite signals. Concerns remain regarding the availability of effective administrative and judicial procedures, and deterrent-level remedies to rightholders and satellite service providers.

Chile has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Chile has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.