Database

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CHILE

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Chile has ratified 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)  |  Sub-pillar 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

CHILE

Since July 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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 September 1982, last amended in June 2022

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing restrictions to operate in the telecom market
General Telecommunications Law No. 18,168 (Ley General de Telecomunicaciones No. 18,168)
Pursuant to Art. 21 of Law No. 18,168, telecom concessions may be granted only to private or public legal entities duly incorporated and domiciled in Chile. Moreover, according to Art. 24 (h), internet access providers are required to have a public telecommunications service concession or intermediate telecommunications service concession, as applicable, and they must guarantee a percentage of the average access speeds in accordance with Art. 24 (k).
Coverage Telecommunications sector

CHILE

Since February 1997

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (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

CHILE

Since September 2004, last amended in October 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 250 Approving the Regulation for Supply and Provision of Services Contracts (Decreto No. 250 Aprueba Reglamento sobre Contratos Administrativos de Suministro y Prestación de Servicios)
According to Art. 67 of Decree No. 250, the tendering agency may establish the obligation to constitute a company of Chilean nationality or an agency in case a foreign company wins a public tender.
Coverage Horizontal

CHILE

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Chile has a telecommunications authority: The "Subsecretaría de Telecomunicaciones" (SUBTEL). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

CHILE

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Chile is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal

CHILE

Since October 2014

Pillar Cross-border data policies  |  Sub-pillar Infrastructure requirement
Updated Compendium of Banking Regulations - Chapter 20-7 (Recopilación Actualizada de Normas de Bancos - Capítulo 20-7)
Section IV.1.b.i of Chapter 20-7 of the Updated Compendium of Banking Regulations requires operators outsourcing data processing services outside the country to have a contingency data processing centre located in Chile. It is reported that this would not be very different from requiring the main centre to also be local. This requirement is for institutions that carry out activities abroad that are considered significant or strategic, and they must demonstrate a recovery time compatible with the criticality of the outsourced service.
Coverage Financial sector

CHILE

Since June 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Act No. 20,848 Establishing a Framework for Foreign Direct Investment in Chile and Creating the Respective Organization (Ley No. 20,848 Establece Marco para la Inversión Extranjera Directa en Chile y Crea la Institucionalidad Respectiva)
Act No. 20,848 sets forth that foreign investors shall be treated in the same manner as local investors. Consequently, it is forbidden to discriminate against a foreign investor or a company that is majority- or minority-owned by these types of investors. Art. 9 states that foreign investors are subject to the same legal regime as national investors without arbitrary discrimination.
Coverage Horizontal

CHILE

Since April 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
Transportation Application Transportation Companies Law (Ley de Empresas de Transporte de Aplicación EAT)
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, 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.
Coverage App transportation companies
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"79847"},{"post_id":"79848"},{"post_id":"79849"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CHILE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar 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: Digital goods

CHILE

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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

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