Database

Browse Database

VENEZUELA

Since 2001

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Venezuela 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

VENEZUELA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Venezuela has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

VENEZUELA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Open and transparent standard-setting process
Lack of participation of foreign businesses in standard-setting bodies and of a transparent standards regime
Venezuela’s new laws, resolutions, decrees, government appointments, and other official data are published in the Official Gazette. It is reported that the Gazette does not publish anything similar to notices of proposed rulemaking, so there is no regular official mechanism for inviting comments on proposed changes to technical regulations. The Gazette also does not publish new technical regulations. The full contents of a new technical regulation must be obtained directly from the government agency that created it. The same holds true for new standards themselves, available only by request from either the FONDONORMA (a private non-profit association) or SENCAMER (a body of the Ministry of Commerce). The relationship between the two bodies has deteriorated in the past few years, which has led to confusion and a lack of a normative standards regime.
Coverage Horizontal

VENEZUELA

Since November 2014, entry into force in December 2014

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Decree No. 1.402, enacting the Decree with Rank, Value and Force of Law on Banking Sector Institutions (Decreto No. 1.402, mediante el cual se dicta el Decreto con Rango, Valor y Fuerza de Ley de Instituciones del Sector Bancario)
According to Art. 97.8 of Decree No. 1402, banking institutions are prohibited from transferring their principal computer centres and databases, either in electronic form or as users' physical documents, to a foreign territory. The Superintendency of Banking Sector Institutions is in charge of issuing regulations to determine which computer centres and databases qualify as principal in accordance with a binding opinion issued by the Central Bank.
Coverage Financial sector
Sources

VENEZUELA

Since August 2011

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Constitutional Chamber of the Supreme Tribunal of Justice's Decision No. 1,318 (Sentencia No. 1318 de la Sala Constitucional del Tribunal Supremo de Justicia)
Based on the safety and confidentiality principle (No. 7) set forth in Decision No. 1318, the transfer of personal data to other countries requires the data owner's prior consent and that the recipient country has rules guaranteeing, at least, the same level of protection of personal data as Venezuelan regulations.
Coverage Horizontal

VENEZUELA

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
Venezuela has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

VENEZUELA

Since November 2018
Since December 1999
Since August 2011

Pillar Domestic data policies  |  Indicator Framework for data protection
Official Gazette No. 41,533: Regulation for the Protection of the Rights of Users in the Provision of Telecommunications Services (Gaceta Oficial No. 41.533: Reglamento para la Protección de los Derechos de los Usuarios en la Prestación de los Servicios de Telecomunicaciones)

Constitution of the Bolivarian Republic of Venezuela (Constitución de la República Bolivariana de Venezuela)

Constitutional Chamber of the Supreme Tribunal of Justice's Decision No. 1,318 (Sentencia No. 1318 de la Sala Constitucional del Tribunal Supremo de Justicia)
There is not a comprehensive data protection framework in Venezuela. However, there are isolated provisions in some existing laws that regulate certain aspects related to data protection, e.g., in the telecommunications sector through the Regulation for the Protection of the Rights of Users in the Provision of Telecommunications Services 2018. In addition, the Constitution of the Bolivarian Republic of Venezuela establishes general principles that serve as a framework for the protection of information. These principles were developed by decision No. 1318 of the Supreme Court of Justice, guarding the honour, privacy, intimacy, self-image, confidentiality, and reputation of individuals.
Coverage Horizontal

VENEZUELA

Since October 2017

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Official Gazette 41,265: Administrative Ruling No. 171 whereby the rules related to the collection of personal data of the applicants of mobile and fixed telephony services through wireless networks or non-geographic number with nomadic voice service are issued (Gaceta Oficial 41.265: Providencia Administrativa No. 171 mediante la cual se dictan las normas relativas a la recopilación o captación de datos personales de los solicitantes de los servicios de telefonía móvil y telefonía fija a través de redes inalámbricas o número no geográfico con servicio de voz nómada)
Administrative Ruling No. 171 establishes mandatory data retention obligations for telephone companies, including those offering mobile telephone services. Arts. 9, 12, and 13 stipulate that the data to be retained encompasses Internet Protocol (IP) addresses, connection dates and times, geographic locations, and records of calls and text messages sent or received. In addition, the Ruling mandates that operators furnish retained data to security services upon request, without explicitly requiring judicial authorisation.
Coverage Telecommunications sector

VENEZUELA

Since October 2017

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Official Gazette 41,265: Administrative Ruling No. 171 whereby the rules related to the collection of personal data of the applicants of mobile and fixed telephony services through wireless networks or non-geographic number with nomadic voice service are issued (Gaceta Oficial 41.265: Providencia Administrativa No. 171 mediante la cual se dictan las normas relativas a la recopilación o captación de datos personales de los solicitantes de los servicios de telefonía móvil y telefonía fija a través de redes inalámbricas o número no geográfico con servicio de voz nómada)
Art. 7 of Administrative Ruling No. 171 establishes that the operators of mobile and fixed telephony services, through wireless networks or non-geographic numbers with nomadic voice services, must immediately provide particular information of the applicants to State security agencies that may require it during a criminal investigation. The need for a judicial order is not specified.
Coverage Telecommunications sector

VENEZUELA

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 Venezuela's law and jurisprudence.
Coverage Internet intermediaries

VENEZUELA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Venezuela's law and jurisprudence.
Coverage Internet intermediaries

VENEZUELA

Since October 2017

Pillar Intermediary liability  |  Indicator User identity requirement
Official Gazette 41,265: Administrative Ruling No. 171 whereby the rules related to the collection of personal data of the applicants of mobile and fixed telephony services through wireless networks or non-geographic number with nomadic voice service are issued (Gaceta Oficial 41.265: Providencia Administrativa No. 171 mediante la cual se dictan las normas relativas a la recopilación o captación de datos personales de los solicitantes de los servicios de telefonía móvil y telefonía fija a través de redes inalámbricas o número no geográfico con servicio de voz nómada)
Art. 4 of Administrative Ruling No. 171 stipulates that individuals registering for a fixed or mobile telephone service must provide specific personal data, including an email address, fingerprints, and a digital photograph captured at the point of transaction.
Coverage Fixed and mobile telephone services

VENEZUELA

Since November 2017

Pillar Intermediary liability  |  Indicator Monitoring requirement
Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance (Ley Constitucional Contra el Odio, por la Convivencia Pacifica y la Tolerancia)
Art. 14 of the Constitutional Law Against Hate for Peaceful Coexistence and Tolerance prohibits the dissemination of messages via social networks and electronic media that promote war or incite hatred based on national, racial, ethnic, religious, political, social, ideological, gender, sexual orientation, gender identity, gender expression, or any other form of discrimination, intolerance, or violence. As a result, entities managing social networks and electronic media are required to adhere strictly to this provision, taking appropriate measures to prevent the dissemination of such content. They must promptly remove any propaganda or message that contravenes this law.
Art. 22 of the law specifies that intermediaries who fail to remove messages containing war propaganda or promoting hate speech within six hours of dissemination will face sanctions ranging from 50,000 to 100,000 Tax Units (approx. USD 1,800 to USD 3,600, based on the December 2022 exchange rate published by the Venezuelan Central Bank, subject to change). In addition to criminal and civil liabilities, portals disseminating such messages may be blocked. This provision may be interpreted as imposing a monitoring obligation on intermediaries.
Coverage Internet intermediaries

VENEZUELA

Since November 2024, entry into force in November 2024

Pillar Intermediary liability  |  Indicator Monitoring requirement
Organic Law of the Liberator Simón Bolívar Against Imperialist Blockade and in Defence of the Bolivarian Republic of Venezuela (Ley Orgánica Libertador Simón Bolívar contra el Bloqueo Imperialista y en Defensa de la República Bolivariana de Venezuela)
Art. 21 of the "Organic Law of the Liberator Simón Bolívar Against the Imperialist Blockade and in Defence of the Bolivarian Republic of Venezuela" stipulates that electronic media and social networks allowing the dissemination of advertising, propaganda, or messages that promote the imposition of unilateral coercive measures, or other restrictive or punitive actions affecting Venezuela, shall be subject to fines. In the case of digital platforms, the relevant authorities may additionally revoke or refuse authorisation to operate within the country. The sanctions established in this article shall be applied without prejudice to any applicable criminal penalties.
Coverage Electronic media, social networks and digital platforms

VENEZUELA

Since November 2017

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance (Ley Constitucional Contra el Odio, por la Convivencia Pacifica y la Tolerancia)
Art. 22 of the "Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance" stipulates that, in the context of social networks and electronic media, the failure to remove within six hours any messages that constitute propaganda in favour of war or the advocacy of national, racial, religious, political or other forms of hatred shall result in the blocking of the relevant platforms.
It is reported that, as of August 2025, one year had passed since the blocking of the social network X and the messaging application Signal in Venezuela. Between 7 January and 5 February 2025, at least nine internet service providers restricted access to TikTok, and on 9 January 2025, the state-owned telecommunications provider CANTV imposed a DNS block on Canva, a major web-based design platform, for at least twelve hours. During the same month, Telegram was also subjected to blocking by major providers. In 2025, 61 news websites remain inaccessible. Although several restrictions originated in previous years, new blocks were documented in 2025, including the blocking of the website of the Spanish news agency EFE on 22 March. The government has simultaneously intensified restrictions on censorship circumvention tools such as VPNs, the Tor network and public DNS services, with 58 new cases recorded between 4 July 2024 and 31 January 2025, comprising 26 VPN service websites, the Tor Project website and 30 public DNS servers. In the early hours of 9 January 2025, the country’s principal internet service providers blocked the websites of at least 21 VPN services, in addition to others blocked in preceding days, following orders issued by CONATEL, the governmental body responsible for regulating, supervising and overseeing telecommunications in Venezuela.
Coverage Social networks, electronic media, VPNs, and Canva

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