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(c) of Decree No. 18, as amended in June 2023, provides that, for all actions leading to the conclusion, amendment, or termination of a contract, as well as for any action capable of generating contractual obligations, telecommunications service providers must implement mechanisms to ensure the unequivocal identification of the parties. For this purpose, the Undersecretariat of Telecommunications may establish security standards, including minimum authentication protocols or factors that providers must comply with to verify the unambiguous identity of the parties. These may include validation questions, biometric measures and advanced electronic signature certificates, among others.
This requirement was operationalised by Art. 2 of Exempt Resolution No. 566, which requires the conclusion of service contracts, the activation of SIM cards and the sale of devices to be carried out using at least one recognised identity verification security standard, regardless of whether the interaction takes place in person, by telephone or online. These standards include presenting a valid national identity card or passport, and verifying the applicant’s identity through live fingerprint biometrics, compared against records held by the Civil Registry and Identification Service or authorised biometric providers. They also include verifying a 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 through methods such as photographs, videos, image manipulation, video projection, or masks. Alternatively, verification may be conducted using an advanced electronic signature.

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

The Subsecretaría de Telecomunicaciones (SUBTEL), Chile’s telecommunications regulator, operates within the Ministry of Transport and Telecommunications. Art. 6 of the General Telecommunications Law establishes that the application and enforcement of this law and its implementing regulations shall correspond to the Ministry of Transport and Telecommunications, acting through SUBTEL. The same provision further assigns to the Ministry the exclusive competence to provide the technical interpretation of the legal and regulatory framework governing telecommunications. Although the regulator is administratively dependent on the government, it is reported that, in practice, it has consistently exercised a degree of institutional independence, demonstrating autonomy in certain decision-making processes.

RAN Chapter 20-7 requires banks to maintain a real-time local copy of certain critical data, even where cloud-based or overseas services are used. In particular, when a bank outsources “significant or strategic” processing abroad, it must also retain a contingency data-processing centre in Chile containing up-to-date information to ensure operational continuity (Section IV.1.b.i), a requirement commonly interpreted as mandating the domestic mirroring of essential banking records. Although the Chilean regulator introduced a limited relaxation in 2019 by creating a narrow exception for institutions demonstrating exceptionally robust risk-management frameworks, most banks remain subject to the local-site obligation. In practice, therefore, RAN 20-7 encourages reliance on domestic infrastructure, as relatively few institutions qualify for the exception and banks using global cloud providers must generally establish backup facilities within Chile. Overall, the Chilean Financial Market Commission (CMF) ensures that critical financial data remain accessible within national territory, thereby reinforcing regulatory oversight while simultaneously increasing compliance costs and discouraging exclusive dependence on foreign cloud storage solutions.

Pursuant to Art. 27 of the Act on the Protection of Private Life, cross-border data transfers to an individual, entity, or organisation are authorised through the following mechanisms: (i) an adequacy decision; (ii) contractual clauses, binding corporate rules, or other legal instruments established between the transferor and transferee; or (iii) a compliance framework or certification mechanism accompanied by appropriate safeguards. In addition, a "specific and non-customary" transfer may be permitted under the following circumstances:
- With the explicit consent of the data subject;
- Where the transfer pertains to a banking, financial, or stock exchange transaction under the applicable legal framework;
- Where the transfer is necessary to fulfil international obligations arising from treaties and conventions ratified by the Chilean State;
- Where the transfer is essential for cooperation between public bodies in the execution of their functions or for international judicial cooperation;
- Where the transfer is required for the conclusion or performance of a contract or pre-contractual measures between the data subject and the data controller; or
- Where the transfer is necessary for urgent medical or public health measures or the management of healthcare services.

Chile has joined several agreements with binding commitments to open transfers of data across borders. These include: the Chile - Uruguay FTA (Art. Art. 8.10), the Trade Agreement between the Argentine Republic and the Republic of Chile (Art. 11.6), the First Amending Protocol [which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance (Arts. 13.11 and. 13.12(c)], the Chile - Brazil Bilateral Trade Agreement (Art. 10.12), the Digital Economy Partnership Agreement ("DEPA") Between Singapore, Chile & New Zealand (Art. 4.3(2)), the Economic Complementation Agreement No. 75 between the Republic of Chile and the Republic of Ecuador (Art. 10.11.2), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11.2), the Chile - Paraguay Free Trade Agreement (Art. 7.11(2)), the Protocol to the Digital Economy Partnership Agreement (Art. 5), the Pacific Alliance-Singapore Free Trade Agreement (Art. 13.14), and the Interim Agreement on Trade between the European Union and the Republic of Chile (Art. 19.5).

Law No. 19.628 establishes a comprehensive framework for data protection in Chile. At present, supervisory responsibilities rest with the Chilean Transparency Council. However, pursuant to an amendment enacted in 2024, the legislation provides for the creation of the Personal Data Protection Agency, which will assume responsibility for ensuring compliance with, and enforcement of, the law from 1 December 2026.

Art. 218 ter of the Criminal Procedural Code stipulates that public telecommunications service concessionaires and internet service providers must, on a confidential basis and employing the appropriate security measures, maintain on a continuous basis and for a period of one year an updated list and record of their authorised IP address ranges and of the IP numbers corresponding to the connections made by their clients or users, together with the relevant traffic data, as well as the domiciles or residences of those clients or users, so that this information is available to the Public Prosecutor’s Office when required for the purposes of a criminal investigation.

Art. 15 ter of Law No. 19.628 stipulates that a data protection impact assessment (DPIA) must be conducted whenever a type of processing, by virtue of its nature, scope, context, technology employed, or intended purposes, is likely to pose a high risk to the rights of data subjects. The obligation to carry out an impact assessment arises in the following circumstances:
- where there is a systematic and comprehensive evaluation of personal aspects relating to data subjects, based on automated processing or decision-making, including profiling, which produces significant legal effects concerning them;
- where the processing involves mass or large-scale data operations;
- where the processing entails systematic observation or monitoring of a publicly accessible area; or
- where sensitive or specially protected data are processed in situations where consent is not required.

Chile is a party to the Patent Cooperation Treaty (PCT).

Chile has a copyright regime under Law No. 17.336. However, the exceptions do not follow the fair use or fair dealing model and, therefore, limit third parties' lawful use of copyrighted works. Title III lists the exceptions, including the reproduction of: lawfully published works which are made for the benefit of persons with visual, hearing or other disabilities; works of architecture by means of photography, cinema, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education; among others.

It is reported that online piracy constitutes a substantial challenge for copyright enforcement in Chile, where levels of digital piracy remain high and enforcement efforts have long been regarded as insufficient. Stream‑ripping is said to be particularly widespread; such software enables users to produce unauthorised copies of copyrighted works from legitimate streaming platforms. In addition, stakeholders continue to observe significant levels of piracy facilitated through illicit streaming devices and unlawful internet protocol television applications. Chile has also been urged to strengthen its internet service provider liability framework in order to allow for more effective and expeditious action against online piracy.

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

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