Database

Browse Database

PARAGUAY

Since July 1996

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Decree No. 14135 which regulates the Telecommunications Law (Decreto No. 14135 que reglamenta la Ley de Telecomunicaciones)
According to Art. 69 of Decree No. 14,135, any foreign company that wants to provide telecommunication service in the country shall be domiciled or establish a representative office in Paraguay.
Coverage Telecommunications sector

PARAGUAY

Since December 2022

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Law No. 7021 on Public Procurement and Contracting (Ley No. 7021 de Suministro y Contrataciones Públicas)
Art. 33 of the Public Procurement and Contracting Law establishes the obligation to register an address in Paraguay or to designate a local representative for the purposes of the relevant communications at the time of contracting in the case of a foreign bidder in public procurement.
Coverage Horizontal

PARAGUAY

Since December 2018

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Paraguay removed the de minimis threshold of 100 USD for electronic purchases in 2017, which is the minimum value of goods below which customs do not charge duties. Therefore, there is no de minimis threshold. Resolution No. 1298 of 2018 of the Ministry of Industry and Commerce established that electronic purchases up to USD 100 that are not subject to prior import licenses are required to pay only the casual VAT of 13% and the transportation payment. As for operations between USD 100 and USD 1,000, they must pay between 15% and 35% of the Common External Tariff, as applicable.
Coverage Horizontal

PARAGUAY

Since July 2009, last amended in July 2017

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Resolution 588, 2009: Regulation for the homologation process of telecommunications equipment
According to Art. 6 of the Resolution 588/2009, the commercialization, installation and operation of telecommunications apparatus or equipment are only allowed with prior approval by CONATEL (National Telecommunications Commission). This is necessary for the import, manufacture, and/or commercialization within Paraguay, as well. According to Art. 2, the goods that need to be homologated are: telecommunications equipment and devices intended to be connected to public telecommunications networks or connected through a network termination; telecommunications equipment and devices that make use of the Radioelectric Spectrum (including antennas); equipment that does not fall into the previous categories, which are subject to some technical regulation, at the discretion of CONATEL. Certification by foreign suppliers is allowed, but the application must be submitted to the regulatory body for equipment homologation (Art. 17). It is reported that the following equipment and ICT goods need to be homologated: car audio systems; RF transceivers; BT speakers; Modems; Wireless microphones; RFID (Radio Frequency Identification) equipment.
Coverage Certain ICT goods

PARAGUAY

Since August 2016

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Law No. 5653 on the protection of children and adolescents against harmful content on the Internet (Ley No. 5653, de protección de niños, niñas y adolescentes contra contenidos nocivos de internet)
According to Art. 3 of Law No. 5653, any Internet service providers shall develop and offer free software to detect, filter, classify, delete and block harmful information and they shall provide clients with such software and its teaching manual that explains how to install and use it.
Coverage Internet Service Providers (ISPs)

PARAGUAY

Since November 2002

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Resolution No. 1350, which establishes the mandatory registration of call details for a period of six months (Resolución No. 1350, por la cual se establece la obligatoriedad de registro de detalles de llamadas por el plazo de seis meses)
According to Art. 1 of Resolution No. 1350, telephone service providers shall store a detailed call log of all Paraguayan users for a period of six months.
Coverage Telecommunications sector

PARAGUAY

Since March 2013

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Law No. 4868 on Electronic Commerce (Ley No. 4868 de Comercio Electrónico)
According to Art. 10 of Law No. 4868, intermediary service providers and data service providers shall store the connection and traffic data generated during the established communication for at least six months.
Coverage Intermediary service providers and data service providers

PARAGUAY

Signed April 2021 - not into force yet.
Signed December 2021 - not into force yet.

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of signature of agreement with binding commitments on cross-border transfers of data
Paraguay has joined agreements with binding commitments to open transfers of data across borders.
According to the Art. 7.2 of the Mercosur Agreement on E-Commerce signed by Paraguay, each Party shall permit the cross-border transfer of information when the purpose of such transfer is to realize commercial activities of a person of a Party. The agreement shall enter into force 30 days after the ratification of the second Mercosur State Party. For subsequent ratifying States Parties, this agreement shall enter into force 30 days after the date on which each of them deposits its respective instrument of ratification. To date, only Uruguay has ratified it.
According to the Art. 7.11 of the Free Trade Agreement between Chile and Paraguay, each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party. The agreement shall enter into force 90 days after the "Asociación Latinoamericana de Integración" (ALADI) notifies the parties that the last deposit of the instrument of ratification has been received.
Coverage Horizontal

PARAGUAY

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection law
Paraguay lacks a comprehensive data protection framework, although a legislative proposal is currently underway. Law No. 6534 on the Protection of Personal Credit Data (Ley No. 6534 de Protección de Datos Personales Crediticios) provides the protection of anyone's credit data, regardless of their nationality, residence or place of residence, regulating the activities of collecting and obtaining credit information data, as well as the composition, organization, operation, rights, obligations and termination of legal persons involved in obtaining and providing credit information, so as to safeguard basic rights, privacy, information self-determination, freedom, security and fair treatment.
Coverage Horizontal

PARAGUAY

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of commitment to the WTO Telecom Reference Paper
Paraguay has not attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

PARAGUAY

Reported in 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation of operators with significant market power
It is reported that accounting separation for operators with significant market power is practiced only by cable distribution operators, but it is not mandated. Moreover, functional separation is also not mandated.
Coverage Telecommunications sector

PARAGUAY

Since December 1995, last amended in March 2011
Since July 1996

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 642 of Telecommunications (Ley No. 642 de Telecomunicaciones)

Decree No. 14135 which regulates the Telecommunications Law (Decreto No. 14135 que reglamenta la Ley de Telecomunicaciones)
Law No. 642 regulates the concession, license or authorization to provide telecommunication services. These will be subject to the payment of a fee, which must be verified within 60 days of obtaining them or renewing them only once in each period. For renewals, the payment of the fee will be determined on the basis of extensions or new investments. The commercial exploitation of the services will be subject to the payment of an annual fee of up to 1% of the gross income of the provider (Art. 70). On the other hand, the requirements for obtaining licenses and authorizations are the same for domestic and foreign companies. However, according to Art. 64 of Decree No. 14135, to provide or operate a telecommunications service, foreign companies must establish a domicile in Paraguay or appoint a legal representative in the country.
Coverage Telecommunications sector

PARAGUAY

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Foreign ownership restriction in state-owned enterprise
It is reported that the telecommunications sector is open to competition, except for fixed lines and international carrier services, which remain under State monopoly with the Compañía Paraguaya de Comunicaciones. This is despite full foreign ownership being allowed in the telecommunications sector.
Coverage Telecommunications sector

PARAGUAY

Reported in 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The main fixed telephony operator is 100% state-owned (Compañía Paraguaya de Comunicaciones).
Coverage Telecommunications sector

PARAGUAY

Since June 1993
Since November 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Law No. 213, establishing the Labour Code (Ley No. 213 que establece el Código del Trabajo)

Law No. 1160 establishing the Penal Code (Ley No. 1160 que establece el Código Penal)
Paraguay does not contemplate a general regime for the protection of trade secrets. Yet, there are some general provisions in the Labor Code and Penal Code. Art. 65 of the Labor Code establishes the employee's obligations to maintain strict confidentiality of technical, commercial and manufacturing secrets of the products in the production of which they are directly or indirectly involved, or of which they have knowledge by reason of the work performed, as well as of administrative matters whose disclosure could be detrimental to the company. In addition, the literature indicates that in the absence of special laws for the protection of industrial secrets, Criminal Law has a role, since Art. 147 of the Penal Code establishes penalties for the disclosure of "other people's" secrets and industrial or trade secrets.
Coverage Horizontal