Intelectual Property Alert - February 2026
For more information, contact:
Themes
Legislative Decree No. 1724: Amendments to the Copyright Law Regarding the Liability of Digital Service Providers
On February 7, 2026, Legislative Decree No. 1724 was published in the Official Gazette El Peruano, amending Legislative Decree No. 822 (Copyright Law). Among other provisions, it introduces a new Title XIV, which regulates the exemptions from liability applicable to Internet access providers and digital environment service providers.
The regulation was issued pursuant to legislative powers delegated by Congress through Law No. 32527.
The main change introduced by Legislative Decree No. 1724 is that, for the first time in Peruvian copyright legislation, a specific liability limitation regime (“safe harbor”) is established for: (i) Internet service providers (ISPs); and (ii) digital environment service providers that perform caching, hosting, and/or provide search engines, directories, and links.
Until now, the Copyright Law contemplated scenarios of joint and several liability, but did not expressly regulate exemptions applicable to digital intermediaries.
In this regard, Articles 208 to 210 establish that providers must comply with specific requirements, depending on the type of service they provide (Internet access providers or digital environment service providers), in order to benefit from the exemption from liability. Among other requirements, the following stand out:
- Not modify the transmitted content.
- Not initiate the transmission chain.
- Not select the content or the recipients.
- Not interfere with, alter, or circumvent technological protection measures and rights management measures.
- Adopt and implement policies for the termination of accounts/subscriptions of repeat infringers.
- Publicly designate a channel to receive infringement notices (when applicable).
Likewise, Articles 211 to 213 regulate the notice and counter-notice mechanism, establishing the specific requirements for their submission and processing, as well as the minimum content requirements applicable to both the right holder’s notice and the user’s counter-notice, including the relevant deadlines.
Additionally, the Executive Branch must approve the Implementing Regulations within a period not exceeding ninety (90) calendar days, counted from the day following the publication of Legislative Decree No. 1724. Such Regulations will establish the criteria for determining the applicable fines under Title XIV.
Finally, it is established that Internet service providers shall have a period of ninety (90) calendar days, counted from the day following the publication of the Legislative Decree, to carry out any adjustments that may be necessary for the implementation of this regulation.