A basic legal framework on intermediary liability beyond copyright infringement is absent in Chile's law and jurisprudence. The scope of the safe harbour regime in place under Act No. 17,336 only applies to intellectual property rights.

Art. 15 of Decree No. 18 provides that, for all actions leading to the conclusion, amendment, or termination of a contract, as well as for any actions that may give rise to contractual obligations, telecommunications service providers must implement mechanisms that ensure the unequivocal identification of the parties. For these purposes, the Undersecretariat of Telecommunications may establish security standards, including minimum authentication protocols or factors that telecommunications service providers must comply with in order to verify the unambiguous identity of the parties, such as validation questions, biometric measures, and advanced electronic signature certificates, among others.
Art. 2 of Exempt Resolution No. 566 further provides that the conclusion of service contracts, as well as any activation of SIM cards and the sale of devices, must be undertaken using at least one recognised security standard for identity verification, regardless of whether the interaction occurs in person, by telephone or online, including the presentation of a valid national identity card or passport and verification of the applicant’s identity through live fingerprint biometrics compared against records held by the Civil Registry and Identification Service or authorised biometric providers; verification of the applicant’s valid identity document through facial biometrics by confirming the match between the document photograph and the scanned face, performing liveness detection and excluding impersonation attempts by means such as photographs, videos, image manipulation, video projection or masks; or the use of an advanced electronic signature.

Chile has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Chile has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Act No. 19,039 provides a framework for the effective protection of trade secrets. Arts. 86-88 refer to trade secrets as business secrets. A trade secret is any knowledge relating to products or industrial processes that, when kept secret, confers on its holder a competitive advantage. In order to claim the protection that the Chilean law grants to holders of trade secrets, it is necessary to meet these three requirements: 1) the information should always remain secret, which means that it should not be generally known or readily accessible to third parties; 2) the information must have trade value –or at least potential commercial value– for the SME, and it should be linked to the fact it is secret; 3) the holder of the trade secret must take “reasonable steps” to protect the information as confidential.

According to Art. 26 bis of Law No. 21.245, concessionaires of public telecom services that are assigned rights to use the radioelectric spectrum must allow access and use of their facilities to other public service concessionaires (or concessionaires that are interested in establishing themselves as such) for virtual mobile and automatic roaming operations.

It is reported that Chile does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Chile has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Chile is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Pursuant to Article 7.d.1 of Act No. 19.886, “agile procurement” constitutes a procedure through which State bodies may procure goods and/or services for an amount equal to or not exceeding 100 monthly tax units (approx. USD 7.700), following a request for at least three quotations. This form of procurement must be undertaken with small‑scale enterprises and local suppliers. Art. 56 further provides that only where the requesting public body has not received any quotation from a small‑scale enterprise or a local supplier may it select a provider that does not possess those characteristics.
In addition, pursuant to Art. 61, where tenders involve an amount below 500 monthly tax units (approx. USD 38.500), municipalities, regional governments, and territorially decentralised public bodies may establish evaluation criteria that confer priority or preference upon local suppliers situated within the relevant geographical area. Such scores or weightings may not, under any circumstances, be the sole factors considered in determining the award of the most advantageous bid.

Chile 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 1997.

Act No. 20.848 sets forth that foreign investors shall be treated in the same manner as local investors. Consequently, it is forbidden to discriminate against a foreign investor or a company that is majority- or minority-owned by these types of investors. Art. 9 states that foreign investors are subject to the same legal regime as national investors without arbitrary discrimination.

Under Art. 5 of the Fintech Law, the entry into the Financial Market Commission (CMF) Register of Financial Service Providers is a prerequisite for the provision of technology-based financial services, including (a) crowdfunding platforms, (b) the operation of alternative trading systems, (c) credit and investment advice, (d) custody of financial instruments and (e) order routing and financial instrument intermediation. International businesses providing these services must be domiciled in Chile. Art. 5 mentions some entities exempt from this requirement.

Art. 2 of the Industrial Property Act states that natural or legal persons residing abroad must designate a proxy or representative in Chile to file a patent application. A patent must be registered with the National Institute for Industrial Property (INAPI). An application should be filed before the invention is disclosed to the public. A prior foreign application can be invoked in Chile within a certain period of time. The patent must fulfil three main requirements: novelty, level of invention, and industrial application.