BOLIVIA
Since April 2020
Pillar Intermediary liability |
Indicator 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 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
Since October 2012
Since December 2013
Since December 2013
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supreme Decree No. 1391 - General Regulation to the Telecommunications and Information and Communication (Decreto Supremo No. 1391 - Reglamento General de Telecomunicaciones e Información y Comunicación)
Administrative Resolution ATT-DJ-RA TL 1022/2013 (Resolución Administrativa Regulatoria ATT-DJ-RA TL 1022/2013)
Administrative Resolution ATT-DJ-RA TL 1022/2013 (Resolución Administrativa Regulatoria ATT-DJ-RA TL 1022/2013)
According to Arts. 14-15 of the Supreme Decree 1391, a homologation process is needed for telecom products, which requires an administrative resolution by the "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT). Moreover, Art. 16 states that to import telecom equipment and antennas used for satellite receiving, a previous authorisation by the ATT is needed. The products that require approval include: modems, wireless telephones, transceiver terminals, equipment for television broadcasting, equipment for sound broadcasting, equipment for Earth stations, power amplifiers for radio frequency, transceivers and transmitters switching stations, equipment for data networks, multiplexers, and optical line terminal equipment.
According to Art. 18 of Administrative Resolution ATT-DJ-RA TL 1022/2013, international test reports are accepted for the homologation process to obtain a certificate of conformity. Acceptable international test reports include CE and FCC test reports. However, technical documents must be reviewed and validated by ATT.
According to Art. 18 of Administrative Resolution ATT-DJ-RA TL 1022/2013, international test reports are accepted for the homologation process to obtain a certificate of conformity. Acceptable international test reports include CE and FCC test reports. However, technical documents must be reviewed and validated by ATT.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20220308090550/https://att.gob.bo/sites/default/files/archivosvarios/Decreto%20Supremo%201391%20Reglamento%20General%20a%20la%20Ley%20164%20de%20Telecomunicaciones%20y%20Te...
- https://www.larcg.com/where-we-work/bolivia/
- https://www.bcb.gob.bo/webdocs/normativa/2012%20-%20DS%201391%20-%20Reglamento%20Ley%20N%C2%B0%20164.pdf
- https://web.archive.org/web/20230209002741/https://ecrb.att.gob.bo/images/PDF/Homologacion/ATT-DJ-RA%201022-2013.pdf
- Show more...
BOLIVIA
Since August 2000
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Regulations to the Customs Law - Supreme Decree No. 25870 (Reglamento de la Ley de Aduanas, Decreto Supremo No. 25870)
According to Art. 195 of the Supreme Decree No. 25870, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This regime only applies to shipments imported through the "Empresa de Correos de Bolivia" (ECOBOL), the designated postal operator. Parcel post and express shipments may be imported through ECOBOL, free of customs duties. These shipments are defined as those containing goods that are not sent by commercial companies, whose importation is neither prohibited nor subject to prior authorisation, and which meet the specified value threshold.
Coverage Horizontal
BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
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 |
Indicator 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 Cross-border data policies |
Indicator 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
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of general framework for data protection
Bolivia has not implemented a comprehensive 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), pending consideration by the Legislative Assembly.
- 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), pending consideration by the Legislative Assembly.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator 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
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Complaints about outdated IP law
It is reported that laws on intellectual property rights in Bolivia are outdated, and effective IP protection is limited by reliance on a century-old industrial law (Law of December 2, 1916).
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of signature of the Patent Cooperation Treaty (PCT)
Bolivia is not a signatory of the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BOLIVIA
Since April 1992
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 1322 - Copyright Law (Ley No. 1322 - Ley de Derecho de Autor)
Andean Community, Régimen Común sobre Derecho de Autor y Derechos Conexos (Common Regime on Copyright and Neighboring Rights Decision 351), Official Gazette of the Andean Community No. 145
Andean Community, Régimen Común sobre Derecho de Autor y Derechos Conexos (Common Regime on Copyright and Neighboring Rights Decision 351), Official Gazette of the Andean Community No. 145
Bolivia has a copyright regime under the Law No. 1322. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 24 lists the exceptions, which include citation of an author as long as it is for teaching or research purposes, in accordance with honest uses, to the extent justified by the purpose pursued and not abusive. Furthermore, Bolivia is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal
BOLIVIA
Reported in 2020, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the country. Significant challenges persist with respect to adequate and effective IP enforcement and communication between the "Servicio Nacional de Propiedad Intelectual" (SENAPI) and customs. Video, music, literature, and software piracy rates are among the highest in Latin America.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms 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
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator 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
