Database

Browse Database

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 proceed 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 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

Since February 2019

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Regulation for Information Security Management of the Financial System Supervision Authority (Reglamento para la Gestión de Seguridad de la Información)
The Regulation for Information Security Management of the Financial System Supervisory Authority establishes that documents related to operations, microfilmed, recorded in magnetic and/or electronic media in the financial sector must be kept and remain in custody for a period of no less than 10 years.
Coverage Financial sector

BOLIVIA

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of general framework for data protection
Bolivia is one of the few countries in Latin America that does not have a personal 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), which is pending consideration by the Legislative Assembly.
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

Since April 2009

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
The "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

BOLIVIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Bolivia has only partially attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

BOLIVIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Bolivia has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
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

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 nationalized 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 nationalization processes carried out by the State for the recovery of natural resources and strategic sectors, may not be privatized under any modality.
Coverage Telecommunications sector

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 the Art. 21 of the General Telecommunications, Information and Communication Technologies Law, Bolivia established passive infrastructure sharing obligation both in fixed and mobile sector.
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 has less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector

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

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the 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

Report issue     Report new measure