CHILE Law and Practice Contributed by: Carolina Cabrera, LawTech
1. Online Services and Products 1.1 Online Harms or Digital Services Legislation 1.1.1 Key Obligations for Online Services
outsourcing, additional CMF and Central Bank rules may apply. 1.1.2 Categories of Platforms Chile does not have a DSA-style classification of online platforms based on size, reach or systemic impact. There is no local equivalent to “very large online plat - forms” or “very large online search engines”. Chilean law classifies online actors mainly by function, service type and sector. In intellectual property matters, the law distinguishes between transmission, caching, hosting, search, link - ing and reference services for purposes of the ISP safe harbour regime. This is relevant to copyright liability, but not a general platform governance classification. In e-commerce, consumer rules distinguish between sellers, providers and platform operators. This affects information and transparency duties, including disclo - sure of seller identity, platform role, product or service features, price, delivery, availability, withdrawal rights and after-sales support. Telecoms law separately regulates internet access providers, focusing on connectivity, quality, continu - ity and net neutrality. Cybersecurity law introduces a risk-based classification based on criticality, applying enhanced duties to essential services and operators of vital importance. Financial regulation also creates functional categories, including fintech providers, open finance participants, payment initiation providers, card issuers, card opera - tors, sub-acquirers and payment processing provid - ers. Overall, Chile classifies digital actors by function, risk and regulatory role rather than platform scale. 1.1.3 Relevant Regulators and Enforcement Chile does not have a single regulator equivalent to an EU Digital Services Co-Ordinator. There is no authority with general jurisdiction over all online content, online safety and platform governance. Enforcement is dis - tributed among regulators, courts and public authori - ties depending on the issue. For online content, there is no administrative author - ity with general powers to supervise moderation poli -
Chile does not currently have a single horizontal stat - ute equivalent to the EU Digital Services Act regulating online harms, platform governance, systemic risks, notice-and-action mechanisms or general content moderation duties. Obligations arise from a layered framework, depending on the provider’s role, the ser - vice, the content or conduct involved, and whether the provider operates in a regulated sector. The closest regime to intermediary liability is found in the Intellectual Property Law, which provides condi - tional liability limitations for internet service providers in copyright and related rights matters. It distinguishes transmission, caching, hosting, search, linking and reference services, and generally links takedown obli - gations to statutory procedures and judicial orders. This regime is limited to IP matters and does not cre - ate a general online safety framework. Online marketplaces and e-commerce platforms are mainly regulated through consumer protection and e-commerce transparency rules. These require clear information on the seller, platform role, product or service, total price, terms, delivery, withdrawal rights and after-sales support. They are aimed at transpar - ency and consumer protection, not general content moderation. Other layers apply depending on the issue. The Com - puter Crimes Law is relevant for malicious activity, fraud, unlawful access and data interference. The Cybersecurity Framework Law applies to essential services and operators of vital importance. Data pro - tection rules apply where platforms collect, profile, personalise, monitor or otherwise process user data. Telecoms rules also matter where the provider acts as an internet access provider. Internet access is treated as a public telecommunications service, and net neu - trality rules restrict arbitrary blocking or interference with lawful content, applications and services. In regu - lated sectors, such as fintech, payments, banking and
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