Chile

Is there net neutrality regulation?

Yes. Law 20.453, which establishes the principle of net neutrality in the General Telecommunications Law; also Decree No. 368 from the Undersecretariat of Telecommunications, implementing the law.

 Has any national regulator issued any regulation regarding zero rating?

Yes, Resolution 6267 further interpreting Decree No. 368.

 Is zero rating permitted by the national regulation or tolerated by the national regulator?

Yes.

Name of the operators implementing zero rating offerings:

Entel; Claro (América Móvil); Movistar (Telefónica); WOM; Virgin Mobile.

Are the operators zero-rating specific services (e.g. only Whatsapp) or classes of services (e.g. all instant messaging apps)?

Specific apps.

In case only specific services are zero rated, what are the zero rated services?

In all cases, WhatsApp, Facebook and (save one) Twitter. Also, in some cases, Instagram, Facebook Messenger, Snapchat or Spotify.

Is the zero-rated service throttled or blocked after the data volume is exceed?

No.

Is the user signing up for free (e.g. zero rated services are bundled with specific offerings) or is the zero rating offering?

It’s tied to recharge of the prepaid phone or existing funds in monthly contracts.

Is the Content of Application Provider paying to be zero-rated?

No.

Is the zero rating offering time-limited?

Not for contracts, usually yes for prepaid phones.

Internet penetration level:

In Oct/2019, 77,5% per IWS https://www.internetworldstats.com/stats2.htm

Is there data protection regulation in the country?

Yes. Constitution of the Republic of Chile, Art. 19 N° 4: establishes the ‘respect and protection of the public and private life, and the honour of the person and its family’. Any person who by arbitrary or illegal act or omission suffers a deprivation, perturbation or threat to this right may file a Constitutional Protection Action.

Law 19,628 ‘On the protection of private life’, commonly referred as ‘Personal Data Protection Law’ (PDPL): mainly defines and refers to the treatment of personal information in public and private databases. Last modified: Feb. 17, 2012.

Law 20,285, ‘On the Access to Public Information’: sets forth the Public Function Transparency Principle, the individual right to access the information of Public Administration bodies, and the procedures and exceptions thereof.

Law 20,575: ‘Establishes the Destination Principle on the Treatment of personal data’: incorporates additional rules when treating economic and debt-related personal data.

General Law on Banks, article 154, establishes the Banking Secrecy: holds that, subject to certain specific exemptions, all deposits are secret, and related information can be given only to the account’s owner or designated representative.

Law 19,223, ‘Criminal Conducts related to Informatics: establishes sanctions for those who breach and unlawfully access and/or use the information available in electronic databases.

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