CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
more than 50% or a majority on the board of directors. In addition, the law applies to institutions that provide services qualified as essential and to those that are qualified as operators of vital importance. Essential Services The list of essential services outlined in the Framework Law is as follows: • those services provided by the agencies of the State Administration and by the National Electricity Co-Ordinator; • those services provided under a public ser - vice concession; and • those services provided by private institutions that carry out the following activities: (a) electricity generation, transmission or distribution; (b) transportation, storage or distribution of fuels; (c) provision of drinking water or sanitation; (d) telecommunications; (e) digital services; (f) digital infrastructure; (g) information technology services managed by third parties; (h) land, air, rail or maritime transport, as well as the operation of their respective infrastructure; (i) banking, financial services and means of payment; (j) administration of social security benefits; (k) postal and courier services; (l) institutional provision of health by entities such as hospitals, clinics, doctors’ offices and medical centres; and (m) production and/or research of pharma - ceutical products.
The ANCI can issue a resolution through which it will identify which specific activities and func - tions will be considered as essential services (eg, the ANCI could eventually identify the provision of domain name systems as a specific activity within the category “digital infrastructure”). Operators of Vital Importance The ANCI must, at least every three years, through an administrative procedure in which sectoral authorities must also participate, iden - tify those essential service providers that will be classified as operators of vital importance. The procedure includes a public consultation pro - cess and in addition, the ANCI’s decision could be claimed through administrative appeals and a judicial claim, if applicable. The ANCI may classify as operators of vital importance those essential service providers which meet the following requirements: • that the provision of such service depends on computer networks and systems; and • that the affecting, interception, interruption or destruction of its services has a signifi - cant impact on security and public order, the continuous and regular provision of essential services, the effective performance of the functions of the state, or, in general, of the services that it must provide or guarantee. The Regulation for the Qualification of Opera - tors of Vital Importance published in March 2025 establishes that, in addition, the ANCI must consider one or more of the following criteria to identify the significant impact that the affecta - tion, interruption, interception or destruction of the services could have: • Number of potentially affected: Including direct and indirect dependencies, consider -
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