Database
						Trading restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Reported in 2018				
								
							
								Chapter Standards								 | 
								Sub-chapter Product safety certification (EMC/EMI, radio transmission)							
							
								Lack of self-certification							
							
								Products that utilize radio frequency, cellular, or satellite technology require approval, but they can be homologated with the use of existing test reports.
In general, equipment connecting to the analogue PSTN (Public Switched Telephone Network) and radio equipment is subject to approval by Subtel (Subsecretaría de Telecomunicaciones de Chile). However, network operators are likely to request evidence of compliance with international standards for digital equipment connecting to their networks.
Certificates or tests carried out in the country of origin, although valid in Chile, must be completed with a two-step verification process in Chile which increases the cost for importing goods. This requirement also applies for products certified in their country of origin by internationally recognized laboratories and which are based on international standards. In addition, the foreign certificates also have to be validated by the Chilean consulate in the country of origin.
															In general, equipment connecting to the analogue PSTN (Public Switched Telephone Network) and radio equipment is subject to approval by Subtel (Subsecretaría de Telecomunicaciones de Chile). However, network operators are likely to request evidence of compliance with international standards for digital equipment connecting to their networks.
Certificates or tests carried out in the country of origin, although valid in Chile, must be completed with a two-step verification process in Chile which increases the cost for importing goods. This requirement also applies for products certified in their country of origin by internationally recognized laboratories and which are based on international standards. In addition, the foreign certificates also have to be validated by the Chilean consulate in the country of origin.
									Coverage Telecom equipment								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
									CHILE
				
					Proposed in February 2015
Reported in April 2017
							Reported in April 2017
								Chapter Data policies								 | 
								Sub-chapter Sanctions for non-compliance							
							
								Proposal of Data Protection Law							
							
								The proposal of Data Protection Law will impose fines of up to CLP 236,500,000 (approximately USD 370,000).							
															
									Coverage Horizontal								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
									CHILE
				
					Since August 1999, amended in 2012
Reported in April 2017
							Reported in April 2017
								Chapter Data policies								 | 
								Sub-chapter Sanctions for non-compliance							
							
								Chilean Data Protection Law N° 19,628 (Amendment by Law No. 20,575)
Proposal for Data Protection Law
							Proposal for Data Protection Law
								In Chile, courts are authorized to impose a fine for privacy violations of 2 to 50 UTM (approximately US$150 to $3,400). However, fines have never been imposed until now.
A new proposal for a Data Protection Law will create a Personal Data Protection Agency that will have the ability to monitor and enforce compliance and penalize violations of the law by applying fines of up to CLP 236,500,000 (approximately USD 370,000).
															A new proposal for a Data Protection Law will create a Personal Data Protection Agency that will have the ability to monitor and enforce compliance and penalize violations of the law by applying fines of up to CLP 236,500,000 (approximately USD 370,000).
									Coverage Horizontal								
							
							
							
								
									Sources
									
													- http://www.edrm.net/resources/data-privacy-protection/data-protection-laws/chile
- http://www.truste.com/blog/2015/02/17/chilean-government-stronger-privacy-provisions/
- http://www.mondaq.com/x/694540/data+protection/The+bill+amending+the+data+protection+act+was+approved+in+general+terms+this+is+its+content
						Restrictions on data
						
							
													
								
												
						
							
					
									CHILE
				
					Since 1906, amended in 2007				
								
							
								Chapter Data policies								 | 
								Sub-chapter Data retention							
							
								Criminal Procedure Code - Art. 222							
							
								The Chilean Criminal Procedure Code imposes a mandatory data retention regime that compels Internet service providers (ISPs) and telecommunication companies to collect and store for at least one year records documenting the online activities of users.							
															
									Coverage Internet Service Providers and telecommunication companies								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
									CHILE
				
					Reported in April 2017				
								
							
								Chapter Data policies								 | 
								Sub-chapter Restrictions on cross-border data flows							
							
								Proposal of Data Protection Law							
							
								According to a proposed Data Protection Law, data transfer is permitted when (i) the data subject consents to it and in order to fulfill the purposes of the processing; (ii) it is necessary for performing a contract to which the data subject is a party; (iii) there is a legitimate interest by the transferor or transferee; and (iv) the law provides it as such. Additionally, international transfers of data will be considered lawful when the transfer is made to a person subject to the legal system of a country that provides adequate levels of protection, understood as meaning that such protection meets the standards similar or higher than those of the data protection law. The Personal Data Protection Agency will determine the countries that have adequate levels of data protection, considering the elements provided for by the data protection law.							
															
									Coverage Horizontal								
							
							
							
								
													
						Establishment restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Since 2014				
								
							
								Chapter Business mobility								 | 
								Sub-chapter Quotas, Labour Market Tests, Limits of Stay							
							
								Labor Code, Chapter III, article 19							
							
								According to the Labor Code, at least 85% of employees in a company must be Chilean, except if the total number of employees is less than 25.							
															
									Coverage Horizontal								
							
							
							
								
									Sources
									
													- OECD: http://www.leychile.cl/Navegar?idNorma=6483;http://www.leychile.cl/Navegar?idNorma=14516
- http://www.extranjeria.gob.cl/ingles/filesapp/Ley%201094%20y%20Reglamento%20de%20Extranjeria_ingles.pdf
- http://www.ciechile.gob.cl/en/guia-del-inversionista/contratacion-de-personal/
						Establishment restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Since 1982				
								
							
								Chapter Competition policy								 | 
								Sub-chapter Competition							
							
								Lack of local-loop unbundling							
							
								Chile started the liberalization of its telecommunications market in 1982. However, it never implemented the structural separation of its infrastructure and the last mile is still owned by the incumbent.							
															
									Coverage Telecommunication sector								
							
							
							
								
									Sources
									
													- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- http://www.cepal.org/drni/noticias/noticias/7/26637/Christian%20Nicolai.pdf
- http://people.bu.edu/fsuarez/Fernando_Suarez_Website/Teaching_files/Hypercompetition%20in%20the%20Chilean%20Telecommunications%20Industry.pdf
- http://www.worldservicesgroup.com/publications.asp?action=article&artid=3926
						Establishment restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Since 1970				
								
							
								Chapter Intellectual Property Rights								 | 
								Sub-chapter Copyright							
							
								Law No. 17,336, on Intellectual Property							
							
								Law No.17,336 on Intellectual Property does not provide for a clear fair use/fair dealing exception, but it lists exceptions where the law authorises certain uses of works protected by intellectual property law.							
															
									Coverage Horizontal								
							
							
							
								
													
						Establishment restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Reported in 2015				
								
							
								Chapter Investment								 | 
								Sub-chapter Other restrictive practices related to foreign investment							
							
								Licensing procedure for telecommunication services							
							
								While there are no limits on foreign ownership in Chile, there are licensing requirements in place. It is reported that the licensing procedure for telecommunication services can become burdersome for foreign investors as the requirements are unclear.							
															
									Coverage Telecommunication sector								
							
							
							
								
													
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Reported in 2015				
								
							
								Chapter Public Procurement								 | 
								Sub-chapter Preferential purchase schemes covering digital products and services							
							
								WTO Agreement on Government Procurement							
							
								Chile is not a party to the WTO Agreement on Government Procurement, it is only an observer to the Committee on Government Procurement.							
															
									Coverage All sectors								
							
							
							
								
									Sources
									
													- USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
- WTO Trade Policy Report by the Secretariat, Chile, Document WT/TPR/S/315, 3 May 2015
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Since 1974				
								
							
								Chapter Taxation & Subsidies								 | 
								Sub-chapter Discriminatory tax regime on online services							
							
								Chilean VAT Tax							
							
								A VAT of 19% is imposed on the provision of services rendered or utilized in Chile. No VAT registration threshold applies. All business entities must file a business initiation application on commencement of operations and an application for a taxpayer identification number (RUT).							
															
									Coverage All services								
							
							
							
								
													
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									CHILE
				
					Since 2003				
								
							
								Chapter Taxation & Subsidies								 | 
								Sub-chapter Discriminatory tax regime on digital goods and products							
							
								Revision of the Withholding Tax Information for Importing Software							
							
								In accordance to the US-Chile FTA, "digital goods" were exempt from customs duties. However, instead of applying such an exemption to software programs, Chilean Customs authorities instructed that software products should be characterized as a license and thus remain subject to a 30% withholding tax.							
															
									Coverage Foreign Software providers								
							
							
							
								
													
												Fiscal Restrictions
						
							
						
							
						
						
							
								
									
								
									
								
							
							
						
					
									CHILE
								ITA signatory? 
																	 I 
																	 II
															
						
								Chapter Tariffs and Trade Defence								 | 
								Sub-chapter Applied tariffs on digital goods							
							Average MFN rate
									
										
										5.99%
									
									Weighted average MFN rate
									
										
										6%
									
								Maximum tariff rate
									
										
										6%
									
									Coverage rate of zero-tariffs
									
										
										0.28%
									
								Coverage: Digital goods
									
										Sources
										
														- UNCTAD TRAINS tariff data for tariff year 2015
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
						Trading restrictions
						
							
													
								
												
						
							
					
									CANADA
				
					Reported in 2018				
								
							
								Chapter Online sales and transactions								 | 
								Sub-chapter Online sales							
							
								Requirement for online pharmacy							
							
								Internet pharmacies are allowed, but a legitimate street address of a physical pharmacy in Canada must be provided. Prescription drugs must come directly from a pharmacy located in Canada.							
															
									Coverage Online pharmacies								
							
							
							
								
													
						Trading restrictions
						
							
													
								
												
						
							
					
				
		CANADA
				
					Since 2000				
								
							
								Chapter Online sales and transactions								 | 
								Sub-chapter Domain name (DNS) registration requirements							
							
								Canadian Presence Requirements for Registrants							
							
								To register a .CA domain, individuals or businesses must have a connection to Canada. Either as a Canadian citizen, a permanent resident, a legal representative or a corporation under Canadian laws							
															
									Coverage Horizontal								
							
							
							
								
													