ECUADOR
Since April 2022, entry into force in May 2022
Pillar Online sales and transactions |
Indicator Limits on e-commerce purchases
Resolution No. 008-2022 COMEX (Resolución No. 008-2022 COMEX)
Pursuant to Arts. 1 and 2 of Resolution No. 008-2022 issued by COMEX, imports classified under "Category B" must be below the annual limit of USD 1.600 in FOB value per fiscal year. Category B refers to consignments weighing no more than four kilograms and with an FOB value not exceeding USD 400, or its equivalent in another currency, provided that such goods are not intended for commercial purposes.
Coverage Electonic commerce
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 November 1999, last amended in March 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Companies Law (Ley de las Compañías)
According to Art. 415 of the Companies Law, foreign companies must appoint at least one representative to carry out all legal acts and businesses that are destined to take effect in the national territory. This representative must be able to answer the demands and comply with the obligations. In addition, they must constitute in Ecuador a capital destined for the activity to be developed.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240328094619/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2023/04/ECLEX-PRO-MERCANTI-LEY_DE_COMPANIAS.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=ecu
- https://www.pwc.ec/es/publicaciones/assets/2023/Reforma_a_la_Ley_de_Compa%C3%B1%C3%ADas.pdf
- Show more...
ECUADOR
Since July 2000, last amended in January 2015
Since April 2002, last amended in February 2023
Since April 2002, last amended in February 2023
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law on Consumer Protection (Ley Orgánica de Defensa del Consumidor)
Law No. 67: Electronic Commerce, Electronic Signatures and Data Messages Law (Ley No. 67: Ley de Comercio Electrónico, Firmas y Mensaje de Datos)
Law No. 67: Electronic Commerce, Electronic Signatures and Data Messages Law (Ley No. 67: Ley de Comercio Electrónico, Firmas y Mensaje de Datos)
The Consumer Protection Law and Law No. 67 establish a comprehensive regulatory framework for the protection of consumers, which extends to transactions conducted in digital environments. Chapter III of Title III of Law No. 67 concerns the rights of users or consumers of electronic services.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/18943
- https://web.archive.org/web/20260219110821/https://www.gob.ec/sites/default/files/regulations/2025-11/Ley%20de%20Comercio%20Electrónico%2C%20Firmas%20y%20Mensaje%20de%20Datos.pdf
- https://web.archive.org/web/20260219111530/https://unctad.org/page/cyberlaw-tracker-country-detail?country=ec
- Show more...
ECUADOR
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Ecuador has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ECUADOR
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Ecuador has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
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 any activity other than 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
ECUADOR
Since July 2012
Pillar Intermediary liability |
Indicator User identity requirement
Regulations Governing Subscribers to Telecommunications and Value‑Added Services - Conatel Resolution No. 477 (Reglamento Abonados Servicios Telecomunicaciones y Valor Agregado - Resolución del Conatel No. 477)
Art. 37 of "Regulations Governing Subscribers to Telecommunications and Value‑Added Services" establishes that, for the provision of services under a prepaid modality, the service provider must, prior to activation, adopt all necessary measures to ensure the full identification of the subscriber or client, who must at minimum provide their full name, national identity card number, or passport number in the case of foreign nationals, together with any additional information required for verification under the applicable regulations. Art. 5 further provides that the mechanisms or procedures for contracting supplementary services, whether in prepaid or postpaid form, must be set out in the standard service agreements (adhesion contracts), and these mechanisms must ensure the full identification of the subscriber or client when accepting the conditions proposed by the provider. For postpaid services, any means that reliably guarantee full identification and acceptance of the relevant terms and conditions by the contracting parties shall be deemed valid.
Coverage Telecommunications and value‑added services
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
ECUADOR
Since November 2016, entry into force in December 2016
Since August 2025
Since August 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
Organic Law on Regulation Against Unfair Competition (Ley Orgánica de Regulación contra la Competencia Desleal)
Organic Law on Regulation Against Unfair Competition (Ley Orgánica de Regulación contra la Competencia Desleal)
The Organic Code on the Social Economy of Knowledge, Creativity and Innovation, together with the Organic Law on Regulation Against Unfair Competition, establishes a robust framework for the effective protection of trade secrets. The protection of commercial secrets is also recognised in Andean Community Decision No. 486.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251006131941/https://www.gobiernoelectronico.gob.ec/wp-content/uploads/2018/10/Codigo-Organico-de-la-Economia-Social-de-los-Conocimientos-Creatividad-e-Innovacion.pdf
- https://web.archive.org/web/20260218232013/https://www.gob.ec/sites/default/files/regulations/2025-11/Documento_Ley-competencia-desleal_1.pdf
- https://web.archive.org/web/20260112213829/https://www.comunidadandina.org/StaticFiles/DocOf/DEC486.pdf
- https://web.archive.org/web/20260218234335/https://luzuriagacastro.com/proteccion-de-secretos-comerciales-y-know-how-estrategias-legales-y-registros-en-ecuador/
- Show more...
ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Since September 2017
Since September 2017
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Organic Law on Communication (Ley Orgánica de Comunicación)
Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services (Norma Técnica para Uso Compartido de Infraestructura Física de los Servicios del Régimen General de Telecomunicaciones)
Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services (Norma Técnica para Uso Compartido de Infraestructura Física de los Servicios del Régimen General de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in Ecuador to deliver telecom services to end users. It is practised both in the mobile and fixed sectors. The Organic Communication Law and complementary technical regulations are the theoretical frameworks for passive infrastructure sharing in Ecuador. According to Art. 3 of the Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services, services providers related to the telecommunications sector have the obligation to share their physical infrastructure.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220329021715/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Org%C3%A1nica-de-Telecomunicaciones.pdf
- https://web.archive.org/web/20220128154018/https://www.arcotel.gob.ec/wp-content/uploads/downloads/2017/08/Resolucion-0807-ARCOTEL-2017.pdf
- https://datahub.itu.int/data/?i=100014
- https://web.archive.org/web/20260219132229/https://app.gen5.digital/tracker/country-cards/Ecuador
- Show more...
ECUADOR
Since January 2010
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The Corporación Nacional de Telecomunicaciones (National Corporation of Telecommunications) is the dominant provider of fixed telecommunication services and is fully owned by the Ecuadorian Government. It was created by Executive Decree No. 218, which specifically establishes that the Ministry of Telecommunications and the Information Society, representing the State, is the sole shareholder.
La Empresa Pública Municipal de Telecomunicaciones, Agua Potable, Alcantarillado y Saneamiento de Cuenca (Etapa EP, Municipal Public Company of Telecommunications, Drinking Water, Sewage and Sanitation of Cuenca), created by a January 2010 ordinance, is another case in which the telecom operator is a state-owned enterprise. Initially created in February 1948 as Empresa Municipal de Electricidad, Agua Potable y Teléfonos (EMLAT), ETAPA EP provides municipal internet and fixed, wireless and public telephone services.
La Empresa Pública Municipal de Telecomunicaciones, Agua Potable, Alcantarillado y Saneamiento de Cuenca (Etapa EP, Municipal Public Company of Telecommunications, Drinking Water, Sewage and Sanitation of Cuenca), created by a January 2010 ordinance, is another case in which the telecom operator is a state-owned enterprise. Initially created in February 1948 as Empresa Municipal de Electricidad, Agua Potable y Teléfonos (EMLAT), ETAPA EP provides municipal internet and fixed, wireless and public telephone services.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240603122916/https://corporativo.cnt.gob.ec/wp-content/uploads/2014/07/crea_empresa_publica_cnt_ep1.pdf
- https://web.archive.org/web/20241004133930/https://www.etapa.net.ec/Portals/0/TRANSPARENCIA/Literal-a2/ORDENANZA%20ETAPA%20EP.pdf?ver=2022-11-08-114530-047
- https://web.archive.org/web/20231106080406/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20220815032742/https://www.etapa.net.ec/informacion/quienes-somos
- Show more...
ECUADOR
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Ecuador does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation. Under Arts. 24 and 32 of the Organic Law on Telecommunications, telecommunications providers must submit regulatory-administrative accounting by service when required by ARCOTEL, and ARCOTEL may impose cost or regulatory accounting obligations on operators with market power or preponderance. Functional separation is not required.
Coverage Telecommunications sector
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
