The Regulatory Weakness in Cybercrime in Ecuador: A Critical Analysis of the COIP and LOPDP

Abstract

The accelerated expansion of the digital environment has generated new forms of criminality that reveal the limitations of the Ecuadorian legal framework in addressing cybercrime. In this context, the central problem examined in this study lies in the fragmentation between the criminal regulation of cyber offenses established in the Comprehensive Organic Criminal Code (COIP) and the administrative regulation set forth in the Organic Law on Personal Data Protection (LOPDP), as well as in the absence of a comprehensive digital criminal policy capable of integrating prevention, punishment, and effective protection of digital rights. The aim of this article is to critically analyze the normative weaknesses resulting from this disarticulation, identifying legislative gaps that hinder criminal prosecution and undermine legal protection in the digital sphere. The research adopts a qualitative approach, applying empirical methods, including documentary and jurisprudential analysis, as theoretical methods dogmatic, historical-logical, and comparative methods contrasting Ecuadorian legislation with international standards such as the Budapest Convention and the General Data Protection Regulation (GDPR). The findings indicate that while the COIP criminalizes basic cyber-related conduct, it fails to adequately address emerging offenses, whereas the LOPDP remains confined to an administrative sanctioning framework without effective linkage to criminal law. It is concluded that this regulatory fragmentation, combined with the lack of an integrated digital criminal policy, weakens the State’s response to cybercrime and highlights the need for comprehensive legislative reform.