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CHILE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CHILE

Since March 1997, last amended in April 2021
Since March 2022

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Act No. 19,496 Consumer Protection Act (Ley 19.496 Establece Normas sobre la Protección de los Derechos de los Consumidores)

Regulation on Electronic Commerce (Reglamento de Comercio Electrónico)
The Regulation on Electronic Commerce and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 1 of the Regulation, its purpose is to strengthen the transparency and quality of the information provided to Consumers in Electronic Commerce Platforms regarding the characteristics, essential features, price of the products and services offered, and all other relevant information to encourage informed decision making, with a view to the purchase of products or services.
Coverage Horizontal

CHILE

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
Chile has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CHILE

Since January 2003, as amended in September 2022

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Labor Code
According to Art. 152 of the Chapter X (included in September 2022 by Law No. 21,431) of the labor code of Chile, the employment contract of dependent digital platform workers shall indicate: (i) an official channel where the worker can present his objections, claims or requirements. The indicated channel must have a physical place of attention, a local telephone and a company representative assigned as responsible for attending the described purposes.
Coverage Digital platforms

CHILE

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 30 USD, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CHILE

Since October 2017, last amended in July 2021

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Resolution 1,985 (“Fija norma técnica de equipos de alcance reducido”)
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, RFID equipment, among others. If a device can be classified under these categories, then 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 authorization” from SUBTEL. When there is a Mutual Recognition Agreement (MRA), no further authorization 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.
Coverage ICT products

CHILE

Since June 2016, last amended in December 2021

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Resolution 1,463 (on Multiband Homologation and Certification of Mobile Devices)
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.
Coverage Mobile devices

CHILE

Since 1970, last amended in November 2017

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 infringement
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.
Coverage Internet intermediaries

CHILE

Since June 2016, entry into force in February 2019

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Resolution 1463 Exempt (Resolución 1463 Exenta)
According to Art. 8 of Resolution No. 1,463 of 2016, foreigners who travel to Chile and want to use their phone or other mobile device with a local SIM card, must register them in the system so that it can continue to operate in Chile after 30 days of the equipment being activated in the network. To do so, a copy of the identity card of the person who brought the phone into the country and a copy of the passport are required.
Coverage Mobile devices

CHILE

Since 1970, last amended in November 2017

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Act No. 17,336 Intellectual Property Act (Ley de Propiedad Intelectual)
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.
Coverage Internet intermediaries

CHILE

Since August 1999, last amended in February 2020

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Act No. 19,628 Private Life Protection Act (Sobre Protección de la Vida Privada)
A general regulation for data protection is in force under Act No. 19,628 Private Life Protection Act.
Coverage Horizontal

CHILE

Since September 2000, last amended in February 2022

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Criminal Procedure Code (Código Procesal Penal)
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.
Coverage Telecommunication and internet service providers

CHILE

Since in 2015, entry into force in April 2020
Since December 2020
Since August 2020
Since July 2021
Since May 2019
Since March 2018, entry into force in February 2023

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
First Amending Protocol (which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance) (Primer protocolo modificatorio del Protocolo Adicional al Acuerdo Marco de la Alianza del Pacífico)

Digital Economy Partnership Agreement (DEPA)

Chile - Brazil Bilateral Trade Agreement

Argentina Chile FTA ((Acuerdo de Libre Comercio entre la República de Chile y la República de Argentina)

Chile Uruguay FTA (Acuerdo de Libre Comercio entre la República de Chile y la República Oriental del Uruguay)

Comprehensive and Progressive Agreement for Trans Pacific Partnership (Tratado Integral y Progresista de Asociación Transpacífico)
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)
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 February 1997

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the 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