Governance

Operator of Vital Importance (OIV)

Designated providers with enhanced cybersecurity obligations.

How the laws define this

Both instruments establish that an Operator of Vital Importance is an entity designated by ANCI whose disruption or compromise severely threatens the continuity of essential services, triggering enhanced obligations and administrative sanctions under Law 21.663. They concur that these designated providers face heightened regulatory oversight because operational failures create significant negative consequences. However, the texts diverge regarding the specific scope of consequences and detailed operational duties. Ley N° 21.663 frame the designation around disruptions affecting critical service continuity or national interests, while explicitly detailing enhanced duties such as stricter controls, mandatory audits, and expedited incident reporting. In contrast, Decreto Supremo N° 285 expands the explicit impact criteria to include significant consequences for public order and security, while emphasizing that both public and private entities are subject to designation through the specific procedural criteria established in its regulation.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

Definitions (2)

Entities designated by ANCI as Operators of Vital Importance (OIV) are providers of essential services whose disruption would have significant effects on the continuity of critical services or national interests. OIVs are subject to enhanced duties under the law, including stricter controls, mandatory audits, expedited incident reporting, and higher potential administrative sanctions.

An entity (public or private) that ANCI determines, via the procedural criteria in the Regulation, whose interruption or compromise would have significant consequences for public order, security, or continuity of essential services and therefore is subject to OIV obligations and sanctions under Law 21.663.