ECUADOR
Since May 2021, entry into force in May 2023
Pillar Domestic data policies |
Indicator Framework for data protection
Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
The Organic Law on the Protection of Personal Data provides a comprehensive regime of data protection in Ecuador. This is the first specific legal regulation about personal data protection. The law, among other things, sets out data security obligations, introduces data subject rights, establishes safeguards, including obligations to guarantee fair and responsible data processing, and requires that personal data databases be registered. It is reported that the appointment of the person who will head the Personal Data Protection Authority, known as the Data Protection Superintendency, is still pending. The issuance of the General Regulation was made through Executive Decree 904. In addition, there are data protection provisions contained within the following laws:
- Organic Law on Transparency and Access to Public Information 2004 regulates publicly available data and the management of credit information;
- Organic Law on Telecommunications 2015, which regulates telecommunications operators;
- Labour Code 2005, which contains the duty of employers to protect the personal information of their employees;
- Health Law 2006, which establishes the duty of people involved in the healthcare industry to protect confidential health information;
- Monetary and Financial Code, which includes dispositions regarding data protection in all financial transactions; and
- Law of the National System of Registration of Public Data includes general provisions related to public data protection.
Also, the Constitution of the Republic of Ecuador 2008 provides for the right to privacy concerning an individual's data.
- Organic Law on Transparency and Access to Public Information 2004 regulates publicly available data and the management of credit information;
- Organic Law on Telecommunications 2015, which regulates telecommunications operators;
- Labour Code 2005, which contains the duty of employers to protect the personal information of their employees;
- Health Law 2006, which establishes the duty of people involved in the healthcare industry to protect confidential health information;
- Monetary and Financial Code, which includes dispositions regarding data protection in all financial transactions; and
- Law of the National System of Registration of Public Data includes general provisions related to public data protection.
Also, the Constitution of the Republic of Ecuador 2008 provides for the right to privacy concerning an individual's data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240317002640/https://www.telecomunicaciones.gob.ec/wp-content/uploads/2021/06/Ley-Organica-de-Datos-Personales.pdf
- https://web.archive.org/web/20231115220044/https://www.telecomunicaciones.gob.ec/wp-content/uploads/2023/11/Decreto-Ejecutivo-No.-904.pdf
- https://web.archive.org/web/20240418081843/https://www.dataguidance.com/notes/ecuador-data-protection-overview
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ECUADOR
Since May 2021, entry into force in May 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
According to Art. 42 of the Personal Data Protection Law, the controller shall perform a Data Protection Impact Assessment (DPIA) when its data processing has been identified as a high risk to the rights and freedoms of the data subject by its nature, context or purposes.
Coverage Horizontal
ECUADOR
Since May 2021, entry into force in May 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
According to Art. 48 of the Personal Data Protection Law, the Data Protection Officer must be appointed in the following cases:
- When the processing is carried out by those who make up the public sector in accordance with the provisions of Art. 225 of the Constitution;
- When the activities of the person responsible or in charge of the processing of personal data require a permanent and systematised control due to the volume, nature, scope, or purposes of the processing, as established in this law, the regulations thereof, or in the regulations issued in this regard by the Superintendency;
- When there is large-scale processing of special categories of data, in accordance with the provisions of the regulations of this law;
- When the processing does not refer to data related to national security and defence of the State that are confidential or secret, in accordance with the provisions of the specialised regulations on the matter.
- When the processing is carried out by those who make up the public sector in accordance with the provisions of Art. 225 of the Constitution;
- When the activities of the person responsible or in charge of the processing of personal data require a permanent and systematised control due to the volume, nature, scope, or purposes of the processing, as established in this law, the regulations thereof, or in the regulations issued in this regard by the Superintendency;
- When there is large-scale processing of special categories of data, in accordance with the provisions of the regulations of this law;
- When the processing does not refer to data related to national security and defence of the State that are confidential or secret, in accordance with the provisions of the specialised regulations on the matter.
Coverage Horizontal
ECUADOR
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Ecuador's law and jurisprudence.
Coverage Internet intermediaries
ECUADOR
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Ecuador's law and jurisprudence.
Coverage Internet intermediaries
ECUADOR
Since October 2015
Pillar Intermediary liability |
Indicator User identity requirement
Telecommunications and value added services subscriber regulation
According to Art. 5 of the Telecommunications and value-added services subscriber regulation, the registration of cell phones and SIM cards using a national ID is mandatory.
Coverage Telecommunications sector
ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Since August 2023
Since August 2023
Pillar Content access |
Indicator Restrictions on online advertising
Organic Law on Communication (Ley Orgánica de Comunicación)
Decree No. 850 - General Regulations of the Organic Law on Communication (Decreto No. 850 - Reglamento General a la Ley Orgánica de Comunicación
Decree No. 850 - General Regulations of the Organic Law on Communication (Decreto No. 850 - Reglamento General a la Ley Orgánica de Comunicación
According to Art. 98 of the Organic Law on Communication, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realisation and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities, with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Art. 55 of the General Regulations of the Organic Law on Communication clarifies that "national" advertisements encompass those produced in countries with which Ecuador has signed an integration treaty. Although the regulation does not explicitly define what constitutes an integration treaty, it has been reported that the private sector interprets this provision as a relaxation of the advertising rules stipulated by the Law. This interpretation suggests that advertising produced in member countries of the Andean Community of Nations (CAN) — comprising Colombia, Peru, and Bolivia — as well as the Southern Common Market (MERCOSUR) — including Argentina, Brazil, Paraguay, Uruguay, Chile, Colombia, Guyana, Peru, and Suriname — may be disseminated within Ecuador.
Art. 55 of the General Regulations of the Organic Law on Communication clarifies that "national" advertisements encompass those produced in countries with which Ecuador has signed an integration treaty. Although the regulation does not explicitly define what constitutes an integration treaty, it has been reported that the private sector interprets this provision as a relaxation of the advertising rules stipulated by the Law. This interpretation suggests that advertising produced in member countries of the Andean Community of Nations (CAN) — comprising Colombia, Peru, and Bolivia — as well as the Southern Common Market (MERCOSUR) — including Argentina, Brazil, Paraguay, Uruguay, Chile, Colombia, Guyana, Peru, and Suriname — may be disseminated within Ecuador.
Coverage Advertising sector
Sources
- https://web.archive.org/web/20241210225537/https://www.consejodecomunicacion.gob.ec/wp-content/uploads/downloads/2022/12/lotaip/Ley%20Org%C3%A1nica%20de%20Comunicaci%C3%B3n%20%28LOC%29.pdf
- https://web.archive.org/web/20241210225634/https://www.consejodecomunicacion.gob.ec/wp-content/uploads/downloads/2023/10/lotaip/REGLAMENTO%20GENERAL%20A%20LA%20LEY%20ORG%C3%81NICA%20DE%20COMUNICACI%C3...
- https://web.archive.org/web/20241210225618/https://corralrosales.com/en/general-regulation-to-the-communication-law/
- https://web.archive.org/web/20241127174711/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
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ECUADOR
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Ecuador does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation.
Coverage Telecommunications sector
ECUADOR
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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)
Ecuador 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 2019.
Coverage Horizontal
ECUADOR
Since October 2008, last amended in July 2011
Since June 2013, entry into force in June 2013, last amended in February 2019
Since June 2013, entry into force in June 2013, last amended in February 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Constitution of the Republic of Ecuador 2008 (Constitución de la República del Ecuador 2008)
Organic Law on Communication (Ley Orgánica de Comunicación)
Organic Law on Communication (Ley Orgánica de Comunicación)
According to Art. 313 of the Constitution of the Republic of Ecuador 2008, the State reserves the right to administer, regulate, control, and manage strategic sectors, including telecommunications. Furthermore, according to Art. 316 of the Constitution of the State and Art. 14 of the Organic Law on Communications, public telecommunications services are provided directly by the State, through public telecommunications companies, or indirectly through delegation to mixed economy companies in which it has a majority shareholding.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240723111745/https://www.oas.org/juridico/pdfs/mesicic4_ecu_const.pdf
- https://web.archive.org/web/20240505194643/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Org%C3%A1nica-de-Telecomunicaciones.pdf
- https://web.archive.org/web/20230304083329/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2021/04/losncp_actualizada1702.pdf
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ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Organic Law on Communication (Ley Orgánica de Comunicación)
According to Art. 98 of the Organic Law on Communications, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realisation and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities, with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Coverage Advertising sector
ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Organic Law on Communication (Ley Orgánica de Comunicación)
According to Art. 6 of the Organic Communication Law, foreign companies or individuals (except foreign citizens who reside regularly in Ecuador) cannot own more than 49% stakes in "national" social media. These are defined as those social media that reach more than 30% of the Ecuadorian population.
Coverage Social media
ECUADOR
Since November 1999, last amended in March 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Companies Law (Ley de las Compañías)
According to Art. 6 of Company Law, commercial presence is required if the activities that a foreign company is going to be exercising in Ecuador involve the execution of public works and the provision of public services.
Coverage Horizontal
ECUADOR
Since December 2016, last amended in December 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
According to Art. 98 of the Organic Code on Social Economy of Knowledge, Creativity, and Innovation, applicants who do not have residency in Ecuador must have an agent domiciled in the country who can help them register industrial property rights and answer petitions of competent national authority.
Coverage Horizontal
ECUADOR
Since May 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Ecuador is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
