Database

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BOLIVIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (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 October 2012
Since December 2013

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar 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)

Administrative Resolution ATT-DJ-RA TL 1022/2013 (Resolución Administrativa Regulatoria ATT-DJ-RA TL 1022/2013)
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" (ATT). Moreover, Art. 16 states that to import telecom equipment and antennas used for satellite receiving, a previous authorisation by the ATT is needed. 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.
According to Art. 18 of Administrative Resolution ATT-DJ-RA TL 1022/2013, international test reports are accepted for the homologation process to obtain a certificate of conformity. Acceptable international test reports include CE and FCC test reports. However, technical documents must be reviewed and validated by ATT.
Coverage Telecom equipment

BOLIVIA

Since August 2000

Pillar Online sales and transactions  |  Sub-pillar 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  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of framework for consumer protection
Bolivia lacks a framework for consumer protection applicable to online commerce.
Coverage Horizontal

BOLIVIA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Bolivia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

BOLIVIA

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of general framework for data protection
Bolivia has not implemented a comprehensive data protection law. However, personal data in Bolivia is regulated by the following sectoral laws:
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Law of Medical Professional Practice (Arts. 3, 4, 12 and 13);
- the Supreme Decree No. 28168/2005 (Art. 19);
- the Digital Citizenship Law (Art. 12).
There is currently a bill on data protection, Law on Privacy and Data Protection of Citizens in Bolivia (Bill 2019), pending consideration by the Legislative Assembly.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour 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 Bolivia's law and jurisprudence.
Coverage Internet intermediaries

BOLIVIA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries

BOLIVIA

Since April 2020

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Communication by the Telecommunications and Transportation Regulation and Supervision Authority (ATT)
According to a Communication by the Telecommunications and Transportation Regulation and Supervision Authority (ATT), when acquiring new SIM cards, it is necessary to fill out the Account Ownership and Mobile Terminal Equipment Registers before the respective operator, providing accurate information and data, in order to identify those responsible for the use of mobile telecommunication services.
Coverage Telecommunications sector

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of ratification of the WIPO Performances and Phonogram Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Bolivia lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal

BOLIVIA

Since August 2011

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
According to Art. 21 of the General Telecommunications, Information and Communication Technologies Law, there is a passive infrastructure sharing obligation both in the fixed and mobile sectors.
Coverage Telecommunications sector

BOLIVIA

Since April 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in mixed capital companies in which the foreign investors have less than 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector

BOLIVIA

Since May 2008
Since April 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Supreme Decree No. 29544 (Decreto Supremo No. 29544)

Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to the Supreme Decree No. 29544, the State of Bolivia nationalised the share package held by the company ETI EURO TELECOM INTERNATIONAL NV in Empresa Nacional de Telecomunicaciones Sociedad Anónima - ENTEL S.A.A. The Bolivian State owns 97.47% of the shares of ENTEL, while the other 2.53% is owned by minority shareholders. In addition, according to Art. 19 of Law No. 516, assets and investments recovered as a result of the nationalisation processes carried out by the State may not be privatised under any modality.
Coverage Telecommunications sector

BOLIVIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The country does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, according to Art. 45 of the General Telecommunications, Information, and Communication Technologies Law, accounting separation is mandated since 2011.
Coverage Telecommunications sector

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