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 incorporates a new Title XIV, which regulates the exemptions from liability applicable to Internet access providers and digital service providers.
The decree was issued in exercise of 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 law, a specific liability limitation regime (“safe harbor”) is established for: (i) Internet service providers (ISPs); and (ii) digital service providers that perform caching, hosting, and/or provide search engines, directories, and links.
Until now, the Copyright Law contemplated cases of joint and several liability, but did not expressly regulate exemptions applicable to digital intermediaries.
In this regard, Articles 208 to 210 establish that the provider must meet specific requirements, depending on the type of service it provides (Internet service provider or digital service provider), to be eligible for the liability exemption. Among other requirements, the following stand out:
- Do not modify the transmitted content.
- Do not initiate the transmission chain.
- Do not select the content or the recipients.
- Do not interfere with, alter, or circumvent technological protection and rights management measures.
- Adopt and implement policies for terminating the accounts/subscriptions of repeat infringers.
- Publicly designate a channel for receiving infringement notifications (where applicable).
Articles 211 to 213 also regulate the notification and counter-notification mechanism, establishing the specific requirements for their submission and processing, as well as the minimum content that both the rights holder's notification and the user's counter-notification must include, including applicable timeframes.
Additionally, the Executive Branch must approve the Regulations within a period not exceeding ninety (90) calendar days, counted from the day following the publication of Legislative Decree No. 1724. These Regulations will establish the criteria for determining the applicable fines under Title XIV.
Finally, it is established that Internet service providers have a period of ninety (90) calendar days, counted from the day following the publication of the Legislative Decree, to make the necessary adjustments for the application of this regulation.