A basic legal framework on intermediary liability beyond copyright infringement is absent in Chile's law and jurisprudence. The scope of the safe harbor regime in place under Act No. 17,336 is limited since it only applies to intellectual property rights.

Chile country has a safe harbour regime in place for intermediaries for copyright infringements. According to Art. 85 L of the 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 general regulation 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.

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 localization 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)

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.

Chile has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

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).

It is reported that Chile does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Act No. 19,039 provides a framework for 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.

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.

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

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, commercialization, 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 criminalized 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, as well as deterrent-level remedies, to right holders and satellite service providers. In addition, it is reported that the rate of unlicensed software installation in the country was 55% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 283 million.

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