The regulation will come into force on October 10, 2026, for mobile telephony, so regulated entities must bear in mind that products that do not comply, even if they have been imported previously, cannot be marketed.
Companies are often tempted to view new technical regulations as mere operational checklists. However, the entry into force of Law No. 21,695, known as the “Universal Charger Law,” could become a headache for those who believe they can continue to operate under the logic of “business as usual” until the last minute.
The regulation will come into force on October 10, 2026, for mobile phones, so regulated entities must bear in mind that products that do not comply, even if they have been imported previously, cannot be sold. In this regard, any argument that “if I imported it before the law, I have an acquired right and the rule cannot be applied retroactively” sounds good legally, but does not apply in this case.
Non-retroactivity protects the importation that has already taken place, but does not grant “permission and/or authorization” to market indefinitely products that, at the time of future sale, will be technically illegal. The law regulates the act of marketing, which is governed in actum. To believe that SERNAC will accept the sale of a phone with an old port in December 2026, just because it arrived at the port of San Antonio in 2025, is a reckless gamble for companies.
This is where the role of the regulator comes in. SERNAC under the current administration is not what it was a decade ago. Today, not only do they have more robust regulatory powers, but they also have technological tools such as web scraping and digital monitoring that make detecting a violation as easy as filtering an Excel spreadsheet. If your e-commerce site continues to offer a bundled package with no option to unbundle, or a device without a USB-C port, the violation is flagrant and the fine of up to 300 UTMs per case, as provided for in Article 24 of Law 19.496, is a tangible reality.
SERNAC’s oversight activities have been questioned for quite some time. However, with this new regulation, we should expect an extremely active authority. The reason? It is a great opportunity for SERNAC to carry out successful oversight. These cases should be easy to prove, have high public visibility, and align with the sustainability agenda, which we have already referred to in previous comments. No complex expert reports will be needed to report violations and obtain penalties.
However, regarding the mitigation measures under discussion, we must be careful with “quick fixes.” Filling boxes with stickers to comply with informational pictograms is a valid and pragmatic solution to save packaging and comply with the reinforced information requirements set forth in the law. But trying to validate obsolete hardware with an adhesive warning is like trying to hide the sun with a finger. No sticker can turn a Lightning port into a USB-C port. Technical compliance of the equipment will be a key factor.
Finally, given that the law provided for an extended 2-year grace period for mobile devices, the recommendation for the industry is to assume the cost of inventory cleanup now, as trying to find an alternative to compliance with so few months left before the law comes into effect may not have the expected results.
For more information on these issues please contact our Public Law and Regulated Markets group:
Antonio Rubilar | Partner | arubilar@az.cl
Gonzalo Bravo | Senior Associate | gbravo@az.cl
Source: The Legal Industry Reviews, Issue 24 No. 1. [See here].
