Operadores de Importancia Vital | Anguita Osorio
Primer Procedimiento de Calificación según Resolución ANCI N°024 - Marco de análisis para sectores estratégicos que requieren el más alto nivel de protección de ciberseguridad en Chile.
Operators of Vital Importance (OVI)
First Qualification Procedure according to ANCI Resolution No. 024 - Analysis framework for strategic sectors that require the highest level of cybersecurity protection in Chile.
Active Process
The first OVI qualification procedure began on May 30, 2025. Organizations in priority sectors must prepare for evaluation and possible additional obligations.
Check OVI Qualification Status
Check the official status of any organization in the Operators of Vital Importance qualification process
* Database updated according to official ANCI resolutions
First OVI Qualification Procedure
Exempt Resolution No. 024 of May 2025 marks the beginning of the first official qualification procedure for Operators of Vital Importance, complying with the mandate of the first transitional article of Regulation DS No. 285/2024.
Ongoing Process - Active Evaluation
Organizations in the sectors included in the first stage are currently being evaluated by ANCI. The results of this process will determine which entities will be subject to the additional obligations of Article 8° of Law 21.663.
Fundamental Requirements for OVI Qualification
To be qualified as an Operator of Vital Importance, an entity must simultaneously meet:
- Provision of services dependent on computer networks and systems
- Significant impact: The affectation, interception, interruption or destruction of its services must have significant consequences for the population or the functioning of the country
Regulatory Framework of the Process
The procedure is governed by an articulated set of norms:
- Law No. 21.663: Cybersecurity Framework (articles 5° and 6°)
- Supreme Decree No. 285/2024: Regulation of the OVI qualification procedure
- ANCI Resolution No. 024/2025: Initiates first procedure and establishes schedule
- Decree with Force of Law No. 1-21.663: Gradual entry into force
Mandatory Periodic Review
According to Article 6° of the law, ANCI must review and update the qualification of operators of vital importance at least every 3 years, ensuring that the classification reflects the evolution of the threat landscape and the criticality of services.
First Stage - Priority Sectors (May 30, 2025)
The approved schedule establishes that the following sectors begin the qualification process as a priority:
Electric Sector
Electricity generation, transmission or distribution, including the Independent Coordinator of the National Electric System
Telecommunications
Providers of telecommunications services critical to national connectivity
Digital Infrastructure
Digital services and information technology managed by third parties
Financial Services
Banking, financial services and payment methods
Institutional Health
Hospitals, clinics, medical offices and medical centers
Public Sector
Public companies created by law and State Administration bodies
Second Stage - Complementary Sectors (November 30, 2025)
The remaining sectors will begin their qualification process in the second phase:
Fuels
Transportation, storage or distribution of fuel
Water and Sanitation
Drinking water supply or sanitation
Transport
Land, air, rail or maritime, as well as infrastructure operation
Concessionaires
Other public service concessionaires
Social Security
Administration of social security benefits
Postal Services
Postal and courier services
Pharmaceutical
Production and/or research of pharmaceutical products
Criteria for Significant Impact Assessment
The significant impact assessment considers multiple dimensions to determine national criticality:
Dynamic and Contextual Evaluation
The criteria are evaluated in an integral manner, considering the specific context of each service and its role in the national ecosystem. There is no single threshold, but a qualitative and quantitative evaluation that considers the joint impact of all factors.
Additional Obligations for OVI
Organizations qualified as Operators of Vital Importance are subject to specific obligations under Article 8°:
Information Security Management System (ISMS)
- Implementation of a formal and documented ISMS
- Reference frameworks such as ISO 27001 can serve as a guide
- Periodic review and updating
Certified Plans
- Operational Continuity Plan: Procedures to maintain critical operations
- Cybersecurity Plan: Specific protection and response strategies
- Mandatory certification: Evaluation by independent third parties
Cybersecurity Delegate
- Appointment of specialized technical manager
- Coordination functions with ANCI
- Supervision of implementation of measures
Evaluations and Simulations
- Periodic cybersecurity audits
- Incident response simulations
- Operational continuity evaluations
Corporate Governance Implications
OVI qualification significantly elevates the responsibilities of the board and senior management in cybersecurity matters, requiring resource allocation, active supervision and regular reporting on compliance status.
Qualification Process Schedule
First Stage Start
Mandatory review every 3 years according to Article 6° of the law
Administrative Recourse against OVI Resolutions
Qualification resolutions as Operators of Vital Importance are administrative acts that can be challenged according to the general regulations on administrative procedure.
Available Recourses
- Recourse for Reconsideration: Before ANCI itself, within 30 days from notification of the resolution
- Hierarchical Recourse: Before the Ministry of Interior and Public Security, in lieu of the recourse for reconsideration
- Protection Recourse: Before the respective Court of Appeals, when constitutional guarantees are violated
- Illegality Claim: Before the Public Procurement Tribunal, as appropriate
Grounds for Challenge
- Procedural defects: Non-compliance with the stages of the qualification procedure
- Error in facts: Incorrect evaluation of significant impact criteria
- Lack of foundation: Resolution lacking sufficient motivation
- Disproportion: Qualification that exceeds legal or regulatory standards
Procedural Strategy
Successful challenge requires specialized technical analysis of classification criteria, evaluation of evidence presented by ANCI and construction of legal arguments that demonstrate incorrect application of regulatory standards of DS No. 285/2024.
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