According to Art. 415 of the Companies Law, foreign companies must appoint at least one representative to carry out all legal acts and businesses that are destined to take effect in the national territory. This representative must be able to answer the demands and comply with the obligations. In addition, they must constitute in Ecuador a capital destined for the activity to be developed.

The Electronic Commerce, Electronic Signatures and Data Messages Law and the Organic Law on Consumer Defence provide a comprehensive framework for consumer protection that also applies to online transactions. Arts. 36-39 of the former provides information about administrative entities of regulation, authorisation, and registration. Arts. 41-42 set out the sanctions for the illegal activities of merchants. And Arts. 48-50 clarifies consumers' rights, including the consent to the acceptance of data messages and the protection of consumers' information. In addition, the Organic Law on Consumer Defence also provides additional safeguards for online consumer protection

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

Ecuador has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Ecuador has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

It is reported that in 2018, the local regulator Telecommunication Regulation and Control Agency (ARCOTEL) expressed interest in conducting in-country testing and homologation certification, with the goal of becoming the exclusive homologation lab for Ecuador, which means all manufacturers need to have their products certified in Ecuador, and certifications from internationally recognised homologation labs would no longer be recognised. However, according to Art. 17 of the Regulation for approval and certification of telecommunications terminal equipment, the homologation of terminal equipment issued by other countries may be recognised by ARCOTEL as long as there are cooperation or mutual recognition agreements. The following products require ARCOTEL’s approval: terminals for Advanced Mobile Service (SMA); terminals for the Carrier Service (P); terminals for the Fixed Telephone Service (STF); terminals for the Telecommunications Satellite Service (TTS); terminals for Internet Access (AI); terminals for the Trunked Service (T); terminals for Community Service (C).

According to Art. 1 of COMEX Resolution No. 008-2022, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is set at USD 400.

Art. 34 of Ecuador’s Organic Telecommunications Law requires telecommunications suppliers with at least a 30% market share to pay 0.5% of their gross revenue to the government and an additional 1% of their gross revenue for each additional 5% market share they hold above 30%. However, Corporación Nacional de Telecomunicaciones (CNT), which is owned by the government, is not included in the calculation of market share and is exempt from the fees.
CNT is the dominant provider of fixed telecommunications services and is the second-largest supplier of subscription television services. In addition to the fee exemption, the government of Ecuador maintains policies that favour CNT over other competitors, including exemptions from paying certain license taxes and fees.

Art. 40 of the Organic Communications Law provides that for the granting and renewal of licenses for the provision of telecom services, the Agency on Telecommunication Regulation and Control (Agencia de Regulación y Control de las Telecomunicaciones, ARCOTEL) will consider the need to address: technological development, market evolution, the National Telecommunications Plan, the needs for the sustained development of the sector and of the State and universal access to information and communication technologies, as well as the effective satisfaction of the public or general interest.
Art. 40 also establishes that in the case of applications for the granting of new licenses, it must be evaluated whether any company or group of companies related to the applicant of the license provides the same service or similar services and the effects that the granting of the new license required could have on the market. For this purpose, a sworn statement must be submitted. In this regard, Art. 24 of the Telecommunications and Frequencies Enabling Titles Regulation provides that no license for the rendering of telecommunications services shall be granted to natural or juridical persons who have a valid license for the rendering of the same service of the general telecommunications regime, without prejudice to the application of the criteria set forth in Art. 40 of the Organic Law of Telecommunications.

Ecuador has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the "Agencia de Regulación y Control de las Telecomunicaciones" (ARCOTEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Art. 146 of the Organic Code on the Social Economy of Knowledge, Creativity and Innovation stipulates that when public sector entities contract technological services to third parties, they must ensure that information or data that has been classified as reserved and confidential for reasons of national security and that belongs to the Ecuadorian state must be stored in data centres or computer platforms located in Ecuadorian territory. Prior to its amendment by the Fintech Law in 2022, the Code stipulated that data pertaining to national security and strategic sectors had to be stored in computer centres located within Ecuadorian territory. Furthermore, data of relevance to the State had to be stored in computer centres located within Ecuadorian territory or in countries with data protection standards that are at least as stringent as those established in Ecuador.

According to Art. 56 of the Personal Data Protection Law, personal data can be transferred to countries that comply with internationally recognised standards in accordance with the criteria that will be established in the regulation of the law, which still need to be published. When necessary, due to the nature of the transfer, the Personal Data Protection Authority may implement ex-post control methods. According to Art. 60 of the law, without prejudice to the provisions of the preceding articles, international transfers or communications of personal data may be carried out in some circumstances, including with the explicit consent of the data subject, for the fulfilment of institutional competencies, to comply with a legal or regulatory obligation, and for the performance of a contract between the holder and the controller of the personal data.

Art. 10.11.2 of the Economic Complementation Agreement No. 75 between the Republic of Chile and the Republic of Ecuador provides that each Party shall permit the cross-border transfer of information by electronic means, including personal information, where such activity is for the conduct of the business of a person of a Party. In addition, Art. 10.12.2 states that a Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory.