Categoría: Legal Bulletin

New SPDP Opinions on the Appointment of Data Protection Officers for Public Service Providers and Data Processing Arrangements with Processors Located Abroad Key Highlights The Superintendency of Personal Data Protection («SPDP») has issued two new opinions in response to consultations regarding the application of the Organic Law on Personal Data Protection («LOPDP») and the secondary…

ARCOM Updates the Regime for the Mining Supervision and Control Fee Through Resolution No. ARCOM-006/26, the Mining Regulation and Control Agency (“ARCOM”) amended Resolution No. ARCOM-003/25, introducing modifications to the regime for the Mining Supervision and Control Fee (“Fee”). The reform redefines how the fee is determined and collected, and incorporates a new calculation scheme…

Constitutional Court Declares Deferred Unconstitutionality of Executive Decree 604 The Constitutional Court of Ecuador (the “Court”) declared Executive Decree No. 604 unconstitutional on procedural grounds. The Decree contained the “Guidelines for the Application of Prior Legislative Consultation in the Issuance of Executive Branch Regulations” (the “Executive Decree”). The Court concluded that the Executive Decree regulated…

Ministry of Production Updates the List of Tariff Subheadings Eligible for Reduced ISD Rates in 2026 (Ministerial Agreement No. MPCEI-MPCEI-2026-0035-A) Official Gazette No. 308 | June 18, 2026 On May 31, 2026, the Ministry of Production, Foreign Trade and Investments issued Ministerial Agreement No. MPCEI-MPCEI-2026-0035-A, updating the list of tariff subheadings eligible for a reduced…

Provincial Court of Justice of Pichincha Orders IESS to Pay 14-Week Maternity Benefit Based on More Favorable International Standards (Judgment dated June 11, 2026 – Case No. 17297-2024-02086) The Criminal Chamber of the Provincial Court of Justice of Pichincha, through its judgment of June 11, 2026, ruled on a constitutional protection action filed against the…

SENAE Repeals the Customs Service Fee Applicable to Goods Originating from Colombia (Resolution No. SENAE-SENAE-2026-0051-RE) June 1, 2026 | Official Gazette, Fourth Supplement No. 295 The National Customs Service of Ecuador (SENAE), through Resolution No. SENAE- SENAE-2026-0051-RE dated May 31, 2026, repealed Resolution No. SENAE-SENAE- 2026-0031-RE, which regulated the customs service fee for customs control…

When a campaign gets too close to the event: where legal risk begins. Ambush marketing is not just a creative strategy. It is a legal risk area operating at the intersection of intellectual property, unfair competition, and sports law. In Ecuador, where there is no specific regulation on the matter, the legal analysis is more…

Constitutional Court Rules on Job Stability for Pregnant and Breastfeeding Women under Special Emergency Employment Contracts Background: The Organic Law of Humanitarian Support to Combat the Humanitarian Crisis Derived from COVID-19 (“LOAH”), in Article 19, created the so-called “special emergency employment contract,” a fixed-term employment modality with a maximum duration of one year, renewable only…

Executive Decree No. 393 – Creation of the Public Company for Health Supply, Infrastructure and Logistics AIL E.P. On May 22, 2026, the Constitutional President of the Republic issued Executive Decree No. 393, creating the Public Company for Health Supply, Infrastructure and Logistics AIL E.P. (“AIL E.P.” or the “Public Company”) as a public law…

Constitutional Court Issues Ruling on the Definition of Workplace Harassment Background: Ministerial Agreement No. MDT-2025-102, published in the Official Registry on September 4, 2025, establishes that workplace violence and harassment must be considered as such from the very first occurrence, without the need for repetitive conduct. Article 18 of the Agreement provides: “Art. 18.- On…