ECUADOR Law and Practice Contributed by: Sebastian Corral Guevara, Miguel Pizarro Páez, María Fernanda Mencías Pérez, José Cisneros Pazmiño, Roque Bustamante Espinosa and Jorge Pizarro Páez, Flor Bustamante Pizarro & Hurtado
Copyright may be enforced through administrative proceedings before SENADI and judicial proceed - ings before the competent courts. Available remedies include: • preliminary and precautionary measures; • cease-and-desist orders; • the seizure or removal of infringing copies; • compensation for damages; and • where applicable, criminal remedies in cases such as piracy or counterfeiting. 7.5 Others In Ecuador, computer software is protected under the copyright regime established by COESCCI and the applicable Andean legislation. Computer programs are protected as literary works, and copyright arises automatically upon their creation without the need for registration. Registration before SENADI is optional but may serve as prima facie evidence of ownership. Databases are protected by copyright to the extent that the selection or arrangement of their contents constitutes an original intellectual creation. Copyright protection does not extend to the data or information contained in the database as such. COESCCI and Andean Community Decision No 486 also protect undisclosed information and trade secrets, including manufacturing processes, formu - las, technical know-how, business methods, customer lists and other confidential commercial information. Protection is available provided that the information is secret, (ii) has commercial value because it is secret and (iii) has been subject to reasonable measures by its lawful holder to preserve its confidentiality. In practice, trade secret protection is commonly rein - forced through confidentiality agreements, non-dis - closure clauses and other contractual arrangements included in commercial, employment and services agreements. The unauthorised acquisition, use or dis - closure of trade secrets may give rise to administrative and judicial remedies, as well as contractual liability and, where applicable, unfair competition claims. Ecuadorian legislation also provides specific protec - tion for other intellectual property rights, including
layout designs (topographies) of integrated circuits and plant varieties, under the applicable provisions of COESCCI and the relevant Andean Community legislation.
8. Data Protection 8.1 Applicable Regulations
The protection of personal data in Ecuador is pri - marily governed by the Constitution of the Republic, the Organic Law on the Protection of Personal Data ( Ley Orgánica de Protección de Datos Personales – LOPDP), published on 26 May 2021, and its General Regulation, published on 13 November 2023. The Constitution recognises the fundamental right to the protection of personal data and provides that the collection, storage, processing, disclosure and trans - fer of personal data require either the data subject’s authorisation or another legal basis established by law. The LOPDP establishes a comprehensive legal frame - work broadly inspired by the principles of the EU Gen - eral Data Protection Regulation (GDPR). It is based on the principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, stor - age limitation, integrity and confidentiality, account - ability and proactive responsibility. Personal data may only be processed where there is a valid legal basis, including the freely given, prior, spe - cific, informed and unequivocal consent of the data subject or another legal basis expressly recognised by the LOPDP. The LOPDP grants data subjects a broad catalogue of rights, including the rights of access, rectification, updating, erasure, objection, portability, suspension of processing and not to be subject to decisions based solely on automated processing where the legal requirements are met. Controllers and processors are required to implement appropriate technical and organisational security measures, comply with the accountability principle, maintain appropriate governance measures and noti -
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