Ley de Propiedad Intelectual, elusión de medidas tecnológicas efectivas
Decreto Legislativo No. 66 (2024), art. 308
In force since .
A computer misuse rule binding public and private bodies.
- Obligation class
- Access restriction
- Audit expectation
- none
What it requires
- Do not evade an effective technological measure controlling access to a protected work, and do not make, import, distribute or offer a technology or device designed to do so, absent authorization.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-09Information Security
- GAI-RISK-12Value Chain and Component Integration
- OWASP LLM Top 10
- LLM03:2026Excessive Agency
- OWASP Agentic Top 10
- ASI03Identity and Privilege Abuse
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-018Agent Authority Least Privilege Framework
- AIR-PREV-023Agentic System Credential Protection Framework
- ETSI EN 304 223
- 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
What it makes you log
Logging duty
Article 308 prohibits evading, without authorization, an effective technological measure controlling access to a protected work, and trafficking in circumvention devices and services (English as in the pinpoint above). It imposes no duty to create, keep, produce or review a log or record. The Law's remedies and criminal-code referral in the same article are penalties, not record duties. No territorial clause appears in the article, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 308 prohibits evading, without authorization, an effective technological measure that controls access to a protected work, performance, execution or phonogram, and prohibits manufacturing, importing, distributing, offering or providing to the public a technology, product, service or device designed for that purpose. The article carries listed exceptions, including good-faith activity by a computer, system or network owner testing or correcting its own security.
This provision reaches circumventing a technical access control placed on copyrighted material, a narrower question than the general unauthorized-access offence in the Ley Especial contra los Delitos Informáticos y Conexos.
When LexLint raises it
When your app profile says your app crawls the web.
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