ECUADOR
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
From 16 June 2025, COMEX Resolution No. 006-2025 amended the tariff schedule established by COMEX Resolution No. 002-2023. It replaced the 0% tariff for Category B courier parcels under subheading 9807.10.30.00 with a fixed customs duty of USD 20 per parcel.
The limits of USD 400 FOB and 4 kg per parcel remained unchanged, and Art. 2 expressly retained the annual limit of USD 1,600 FOB per recipient established by COMEX Resolution No. 008-2022. As every Category B courier parcel became subject to duty, the regime ceased to constitute a customs-duty de minimis regime.
The limits of USD 400 FOB and 4 kg per parcel remained unchanged, and Art. 2 expressly retained the annual limit of USD 1,600 FOB per recipient established by COMEX Resolution No. 008-2022. As every Category B courier parcel became subject to duty, the regime ceased to constitute a customs-duty de minimis regime.
Coverage Horizontal
ECUADOR
Since February 2015, entry into force in February 2015, last amended in December 2019
Since November 2019
Since November 2019
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Organic Law of Telecommunications (Ley Orgánica de Telecomunicaciones)
Telecommunications and Frequencies Enabling Titles Regulation (Reglamento Títulos Habilitantes de Telecomunicaciones y Frecuencias)
Telecommunications and Frequencies Enabling Titles Regulation (Reglamento Títulos Habilitantes de Telecomunicaciones y Frecuencias)
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.
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.
Coverage Telecommunications sector
Sources
ECUADOR
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Ecuador has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ECUADOR
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Ecuador maintains a telecommunications regulatory authority, the Agency for the Regulation of Telecommunications (ARCOTEL). However, reports indicate that the decision-making processes of this body are not entirely independent from governmental influence. Established under Art. 142 of the 2015 Organic Law of Telecommunications, ARCOTEL is institutionally linked to the Ministry of Telecommunications and the Information Society (MINTEL). According to Arts. 145 and 146.8, the board of directors of ARCOTEL, which is responsible for appointing its executive director, is composed of the Minister of Telecommunications, the Secretary of Planning, and a representative designated by the President of the Republic. This governance structure may compromise the agency’s institutional independence.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260219132229/https://app.gen5.digital/tracker/country-cards/Ecuador
- https://web.archive.org/web/20260219133427/https://freedomhouse.org/country/ecuador/freedom-net/2024
- https://web.archive.org/web/20250810232110/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Orgánica-de-Telecomunicaciones.pdf
- Show more...
ECUADOR
Since May 2021, entry into force in May 2021
Since November 2023
Since November 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
The Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
Regulation of the Organic Law on the Protection of Personal Data (Reglamento de la Ley Orgánica de Protección de Datos Personales)
Regulation of the Organic Law on the Protection of Personal Data (Reglamento de la Ley Orgánica de Protección de Datos Personales)
Chapter IX of the Organic Law on the Protection of Personal Data stipulates that personal data may be transferred internationally provided that adequate levels of protection are ensured. In instances where the international transfer does not guarantee such protection, the transfer may nevertheless proceed if the data controller or processor offer appropriate safeguards for the data subject. In addition, entities responsible for the processing of personal data may submit binding corporate rules to the Personal Data Protection Authority for approval. In all other cases not covered by the aforementioned provisions, transfers can occur with prior authorisation from the Authority or in other limited circumstances, including where the data subject has provided their explicit consent.
Chapter XII of the Regulation of the Organic Law on the Protection of Personal Data further elaborates on these requirements.
Chapter XII of the Regulation of the Organic Law on the Protection of Personal Data further elaborates on these requirements.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250416011125/https://www.finanzaspopulares.gob.ec/wp-content/uploads/2021/07/ley_organica_de_proteccion_de_datos_personales.pdf
- https://web.archive.org/web/20250416011223/https://www.cosede.gob.ec/wp-content/uploads/2023/12/REGLAMENTO-GENERAL-A-LA-LEY-ORG%C3%81NICA-DE-PROTECCION-DE-DATOS-PERSONALES_compressed-1.pdf
ECUADOR
Signed in August 2020, entry into force in April 2022
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Economic Complementation Agreement No. 75 between the Republic of Chile and the Republic of Ecuador (Acuerdo de Complementacion Económica No. 75 entre la República e Chile y la República del Ecuador)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240914214658/https://www.subrei.gob.cl/docs/default-source/acuerdos-comerciales/ecuador/11-capitulo-10-comercio-electronico.pdf?sfvrsn=bf90b8aa_2
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
ECUADOR
Since May 2021, entry into force in May 2021
Pillar Domestic data policies |
Indicator Framework for data protection
The Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
The Organic Law on the Protection of Personal Data establishes a comprehensive framework for data protection in Ecuador. The Ecuadorian Data Protection Superintendency (SPDP) serves as the regulatory authority under this Law. In addition, several sector-specific legal instruments govern data protection within particular domains, including the labour, telecommunications, and financial sectors.
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 2021, entry into force in May 2021
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The 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.
Under Art. 48, 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.
Under Art. 48, 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.
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
ECUADOR
Since December 2002, entry into force in December 2002, last amended in October 2008
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Regulation to the Electronic Commerce Law - Executive Decree No. 3496 (Reglamento a la Ley de Comercio Electrónico – Decreto Ejecutivo No. 3496)
Art. 8 of the Regulation to the Electronic Commerce Law provides that the provision by third parties of any type of electronic services, including the sending and receiving of electronic communications, the hosting of databases, the electronic registration of data, the hosting of websites on electronic media or other similar or related services, does not give rise to liability on the part of the service provider for the content of data messages. Liability rests exclusively with the owner of the information.
Coverage Internet intermediaries
Sources
- http://web.archive.org/web/20260221153921/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2012/11/Reglamento-a-la-Ley-de-Comercio-Electronico.pdf
- https://web.archive.org/web/20190623230054/https://www.primicias.ec/noticias/tecnologia/ecuador-bloquea-cinco-paginas-web-por-vulnerar-derechos-de-autor/
ECUADOR
Since December 2016, last amended in December 2022
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Ecuador has a clear regime of exceptions to copyright that follows fair use, which allows the lawful use of copyrighted works by third parties without the need to obtain permission. Art. 211 of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation follows the fair use model for copyright exceptions and establishes five factors for the determination of fair use:
- The purposes and nature of the use;
- The nature of the work;
- The amount and importance of the part used in relation to the copyrighted work as a whole;
- The impact of the use on the current and potential market value of the work; and
- The possession and effective exercise of other fundamental rights.
In addition, Ecuador is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision establishes a list of mandatory exceptions in the domestic market but also allows the adoption of additional exceptions in the domestic law of the members, as long as they comply with the international standards of the so-called three-step test.
- The purposes and nature of the use;
- The nature of the work;
- The amount and importance of the part used in relation to the copyrighted work as a whole;
- The impact of the use on the current and potential market value of the work; and
- The possession and effective exercise of other fundamental rights.
In addition, Ecuador is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision establishes a list of mandatory exceptions in the domestic market but also allows the adoption of additional exceptions in the domestic law of the members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240517183901/https://lotaip.ikiam.edu.ec/ikiam2019/abril/anexos/Mat%20A2-Base_Legal/codigo_organico_de_la_economia%20social_de_los_conocimientos_creatividad_e_innovacion....
- https://web.archive.org/web/20240413063435/https://sice.oas.org/trade/JUNAC/decisiones/DEC351S.asp
- https://web.archive.org/web/20241203194942/https://iipa.org/files/uploads/2019/02/2019SPEC301ECUADOR.pdf
- https://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
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ECUADOR
Reported in 2012, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the enforcement of intellectual property rights in the face of extensive counterfeiting and piracy remains weak, including in the online sphere. Despite some increases in enforcement activity, Ecuador is understood to require additional measures to address persistent concerns regarding online piracy. For example, although the National Assembly amended Ecuador’s Penal Code in 2023 and created a regulatory framework enabling undercover agents to investigate digital conduct, the implementing regulations necessary to give effect to these reforms have not yet been approved. Furthermore, Ecuador currently has only one specialised cybercrime prosecutor. The country has also been encouraged to ensure that all government ministries make use of licensed software.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260219120646/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20240301074019/https://ustr.gov/sites/default/files/2012%20Special%20301%20Report_1.pdf
- https://web.archive.org/web/20230205011701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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ECUADOR
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Ecuador has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ECUADOR
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Ecuador has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
