# Peru Legal and Compliance Brief: Online Charity Raffle (Rifa con Fines Sociales) for Teleton Peru, 2026

## Summary
I am not a lawyer, and Teleton's legal counsel plus its tax advisor must confirm everything below before launch. That said, the research is decisive on the one fact that drives the whole timeline. A charity raffle in Peru is a "rifa con fines sociales", and unlike commercial promotions (whose prior authorization was eliminated by Decreto Legislativo 1246 in 2016), rifas con fines sociales STILL REQUIRE prior authorization from the Ministerio del Interior, specifically the Direccion de Autorizaciones Especiales y Garantias (DAEG) within the Direccion General de Gobierno Interior (DGIN), the successor to ONAGI. The TUPA MININTER procedure is a Formulario 6 filing with a 10 business day evaluation and SILENCIO ADMINISTRATIVO NEGATIVO, meaning no automatic approval. A DGIN representative must supervise the draw on site. Separately, this collects real personal data, so the Ley 29733 regime (new reglamento DS 016-2024-JUS, in force since 31 March 2025, enforced by the Autoridad Nacional de Proteccion de Datos Personales at MINJUSDH) applies in full: express consent, a published privacy policy, free automatic-approval registration of the banco de datos, possibly a Data Protection Officer, and 48 hour breach notification. Prizes carry an Impuesto a los Juegos of 10 percent and INDECOPI consumer-protection and influencer-advertising rules apply to the public bases and the influencer's posts. The single biggest risk to a 12 September launch is failing to file the MININTER authorization with sufficient lead time, since it is per-event and not automatic.

## Body
## 0. Scope, method, and disclaimer

This brief scopes the legal and compliance work for a paid-entry online charity raffle run by or for Teleton Peru in 2026. It is grounded only in public sources retrieved via web search and the actual text of a 2025 MININTER authorization resolution. I am not a lawyer and this is not legal advice. Teleton's own legal counsel and a Peruvian tax advisor (or SUNAT directly) must confirm every item, especially the tax treatment and the exact filing timing, before any money is collected.

Items I could not fully verify from primary text are marked [inferred]. The single most load-bearing finding (that charity raffles still need prior MININTER authorization) is confirmed by both the TUPA description and a live 2025 DGIN resolution, so I treat it as established rather than inferred.

---

## 1. Authorization to run the raffle (THE timeline-critical item)

### The key distinction that changed in 2016

Peru splits these activities into three buckets under the Reglamento de Promociones Comerciales, Rifas con Fines Sociales y Colectas Publicas (Decreto Supremo N 010-2016-IN):

1. **Promociones comerciales** (a brand giving prizes to push sales): prior authorization was ELIMINATED by Decreto Legislativo N 1246 (2016, administrative-simplification package). These no longer need a permit.
2. **Rifas con fines sociales** (selling numbered chances to raise money for a social cause): authorization, supervision and control were RETAINED by the Ministerio del Interior.
3. **Colectas publicas** (public fundraising drives): also retained.

Teleton's product is a paid-entry raffle to fund a charity. That is squarely a **rifa con fines sociales** (option 2), not a promocion comercial. So the convenient "no permit needed anymore" headline that applies to brand promos does NOT apply here. This is the most common and most dangerous misreading of the current rules, and it would be easy for a non-specialist to assume the raffle is exempt. It is not.

### Who authorizes it now

The competent authority is the **Direccion de Autorizaciones Especiales y Garantias (DAEG)**, a unit inside the **Direccion General de Gobierno Interior (DGIN)** of the **Ministerio del Interior (MININTER)**. DGIN is the successor body that absorbed ONAGI's functions. This is confirmed by a real resolution issued on 26 February 2025 (Resolucion N 000020-2025-IN-VOI-DGIN-DAEG, authorizing a colecta publica for ADRA Peru), which cites the DAEG's competence under the MININTER ROF (Resolucion Ministerial N 1520-2019-IN) and the reglamento DS 010-2016-IN.

It is NOT Mincetur. Mincetur regulates casinos, slot machines (Ley 27153), and online gaming and sports betting (Ley 31557). It is NOT INDECOPI for authorization purposes (INDECOPI is consumer protection and advertising, covered in section 5). A municipal angle exists only for the tax (section 4), not for the core permit.

### The procedure, cost, and lead time

From the TUPA MININTER (approved by Decreto Supremo N 002-2022-IN):

- **Who can apply**: any natural person, public or private legal person, or other collective entity. Teleton (as an asociacion or fundacion) qualifies.
- **Form**: Formulario 6, filed as a Declaracion Jurada.
- **What the application must state** (this is effectively the official content list and overlaps heavily with the bases, see section 3): the social purpose being pursued; the mechanism, conditions, and restrictions; place, date, and time of the draw; prize data including valuation; the numbering and the sale period of the raffle tickets; signed by the organizer or legal representative.
- **Plazo (lead time): 10 business days, with previous evaluation (evaluacion previa), under SILENCIO ADMINISTRATIVO NEGATIVO.** This is the critical phrase. Silencio negativo means that if the 10 days pass with no answer, the request is deemed DENIED (not approved), and your only recourse is to file administrative appeals. You cannot launch on the assumption of tacit approval. You need the resolution in hand.
- **Cost**: the TUPA listing indicates the procedure is gratuito or low-cost (the email-information channel is free). [inferred that the filing itself carries little or no fee; Teleton legal should confirm the exact TUPA cost line for the rifa procedure.]
- **Real-world timing benchmark**: in the ADRA 2025 case the request was filed 19 February and the resolution was issued 26 February, roughly one week, for a complete file. That is faster than the 10-day ceiling, but it assumed a clean, complete dossier from an experienced filer. Do not bank on one week.

### Mandatory on-site supervision of the draw

Article 10 of DS 010-2016-IN (Capitulo IV, Control y Supervision) requires that any raffle draw, prize-insertion, or "any other event of a random nature in which chance intervenes" be conducted with the participation of a **representative of the Gobierno Interior (DGIN)** who performs control and supervision. For an online raffle this means the random selection of winners must be coordinated with, and witnessed by, a DGIN representative. [inferred that a notary is the common market practice as a complement, since multiple practitioner sources say the draw should be conducted before a notario publico; this is best practice and likely advisable for auditability and INDECOPI defensibility, even where the binding requirement is the DGIN veedor. Confirm with counsel whether notary is strictly required or strongly recommended.]

### Timeline implication for Teleton

There are TWO events: the warm-up raffle (about 5 prizes, end of August 2026) and the main raffle (about 10 prizes, 12 September 2026). Each draw is a separate authorizable event and very likely needs its OWN authorization (or a single authorization covering both, to be confirmed with DGIN). The authorization needs the final prize list and valuations, which depend on brand deals that are still pending on the client side. That dependency chain (brand deals to confirmed prizes to filed Formulario 6 to issued resolution to draw) is the real critical path, not the software.

**This is the item most likely to block the 12 September launch if it is not started now.** A safe internal target is to have the complete dossier ready and filed at least 4 to 6 weeks before each draw, to absorb the 10-day plazo plus any observaciones (the authority can ask for corrections, which restarts the clock), plus the lead time to lock prizes and coordinate the DGIN veedor.

---

## 2. Personal data protection (Ley N 29733 and DS 016-2024-JUS)

The raffle collects name, contact (phone, email), and payment-linked data, and stores entries in a database for later filtering. That triggers the full Peruvian data-protection regime.

### The regime and the authority

- **Ley N 29733**, Ley de Proteccion de Datos Personales, plus the **NEW reglamento Decreto Supremo N 016-2024-JUS**, published 30 November 2024, **in force since 31 March 2025** (it repealed the old 2013 reglamento, DS 003-2013-JUS). Any compliance memo written before 2025 is stale.
- **Authority**: the **Autoridad Nacional de Proteccion de Datos Personales (ANPD)**, exercised by the **Direccion General de Transparencia, Acceso a la Informacion Publica y Proteccion de Datos Personales (DGTAIPD)** of the **Ministerio de Justicia y Derechos Humanos (MINJUSDH)**.

### Concrete obligations for the raffle app

1. **Consent**: processing is lawful only with free, prior, express, informed, and unequivocal consent of the data subject. In practice the registration form needs an explicit, separate, unticked checkbox (not pre-checked, not bundled into "I accept the terms") for the data processing, with a link to the privacy policy. [inferred on the exact UI mechanics, but the "express and unequivocal" standard rules out implied consent.]
2. **Privacy policy / informational duty**: a clear, visible privacy policy must state what data is collected and why (the finalidad), how long it is kept, who the controller is, whether data feeds automated decisions or profiling, the source of data if not collected directly from the subject, the rights of the subject (acceso, rectificacion, cancelacion, oposicion, the ARCO rights) and how to exercise them, and any international transfer or third-party sharing (for example with the payment processor and the influencer's platform). [inferred specifics from the reglamento summaries; counsel to finalize the exact clauses.]
3. **Registration of the banco de datos**: the database of participants must be registered in the Registro Nacional de Proteccion de Datos Personales. Good news for the timeline: since the new reglamento took effect (31 March 2025), inscription of bancos de datos is FREE and by automatic approval (aprobacion automatica). So registration itself is not a launch blocker, though it must still be done.
4. **Data Protection Officer (Oficial de Datos Personales / DPO)**: the new reglamento introduces a DPO obligation. A deadline of 30 November 2025 applied to certain (notably large) entities; the threshold for who is strictly required is not fully crisp in the public sources. Teleton may already have one as a national institution. [inferred that Teleton, as a sizable national charity handling a mass database, should designate or confirm a DPO; counsel to confirm whether mandatory for this specific entity.]
5. **Security incident (breach) notification**: any security breach affecting personal data must be notified to the ANPD AND to affected data subjects within 48 hours of detection. This is an operational requirement the app and Teleton's IT must be ready to meet (logging, an escalation path, a notification template). 
6. **Security measures**: a documented, dated security policy and access controls are required, aligned to international standards (the reglamento references ISO/IEC 27001-type measures). For the build this means encryption in transit and at rest, least-privilege access to the participant database, and an audit log.
7. **Data retention and minimization**: keep data only as long as needed for the stated purpose. Define a retention period (for example, delete or anonymize non-winning participant contact data a set time after the draw, keeping only what tax and audit rules require). [inferred specific period; set with counsel.]
8. **Data portability**: the new reglamento adds a portability right; build an export path for a subject's data on request.

### Sanctions (why this matters for a charity's reputation)

Fines run from 0.5 UIT up to 100 UIT (roughly S/ 2,675 up to about S/ 535,000 at 2025 UIT values). Missing the DPO designation is a lighter infraction (up to about 5 UIT, around S/ 26,750); failing to obtain consent or to implement security measures for sensitive data can reach 100 UIT. For a national charity, the reputational hit of a publicized data-protection sanction is worse than the fine.

---

## 3. The public bases del sorteo (official terms)

The bases are both a legal requirement and the consumer-facing contract. They must be public and must NOT be changed after publication (changing them is an INDECOPI infraction, see section 5). Based on the TUPA application content plus practitioner guidance, the bases must contain at minimum:

- **Organizer identity**: legal name of Teleton (the asociacion/fundacion), RUC, legal domicile, and contact.
- **Social purpose**: the fin social (funding Teleton's care services). This is mandatory for a rifa con fines sociales and is what distinguishes it from a commercial promotion.
- **Geographic scope** (ambito): national, or whatever is filed.
- **Prizes**: a precise description of each prize with its valuation (valor de mercado for in-kind prizes). The prize list and values must match what is filed with DGIN.
- **Mechanics**: how to participate (register, pay), the price per chance, the upsell structure, ticket numbering, and the sale period (start and end).
- **Eligibility**: who can participate, minimum age (an adult-only restriction is strongly advisable given the data-of-minors complications in the new data reglamento), exclusions (for example, Teleton staff and their families, a common and defensible exclusion).
- **Draw details**: date, time, place, and the objective method of selecting winners (random-selection software or physical draw), and that it is conducted with the DGIN representative present (and before a notary, if adopted).
- **Winner notification**: how winners are contacted (email and/or phone, matching the data collected) and the timeframe.
- **Prize claim and delivery**: the process, the documents a winner must present (DNI), the deadline to claim, and what happens to unclaimed prizes. Note the consumer-protection rule that prizes must be delivered within a maximum of 90 calendar days from the day after the event.
- **Taxes**: a clear statement of any tax withheld or borne, and by whom (see section 4). This protects against an INDECOPI complaint that the prize value advertised was misleading because the winner had to pay an undisclosed tax.
- **Data protection clause**: how participant data is handled, citing Ley 29733, linking the privacy policy, and stating the consent basis.
- **Substitution and force majeure clauses**: right to substitute a prize of equal or greater value if a brand cannot deliver (given that prizes depend on brand deals), and a force-majeure clause. [inferred best practice.]

Practical note: the bases should be downloadable (PDF) and permanently accessible from the landing page and every shareable surface, not buried.

---

## 4. Tax on prizes and on the raffle

Two distinct taxes are in play, plus the charity's own income-tax position. This section most needs confirmation by a tax advisor, because the public sources conflate municipal and national taxes.

### Impuesto a los Juegos (municipal, the primary one for rifas)

- **Rate: 10 percent.** Legal basis is the Ley de Tributacion Municipal (Decreto Legislativo N 776, TUO). 
- **Base imponible for rifas/sorteos: the nominal value of the boletos/cartones** (the tickets/chances sold), NOT the value of the prizes. (For loterias specifically the base is the value of the prizes; for bingos, rifas, and sorteos it is the ticket value.) This distinction matters for the financial model: 10 percent of gross chance-sales is a real cost line.
- **Collected by the Municipalidad Distrital** where the activity occurs (for loterias it is the provincial municipality of the organizer's seat).
- **The organizer acts as the agente retenedor / contribuyente** and pays within the first 12 business days of the following month.

### Income tax on the winner's prize (national, SUNAT)

- For an individual winner, a prize from a raffle/sorteo is generally taxable income (an "other income" under article 24 of the Ley del Impuesto a la Renta, taxed as renta de segunda categoria). The commonly cited effective treatment is around 5 percent of gross (6.25 percent of net) as a definitive payment, with the payer obliged to withhold at the moment of payment; if not withheld, the winner declares via Formulario 1665. [inferred and SIMPLIFIED. The exact rate and whether the organizer must withhold on an in-kind prize is precisely the kind of point a tax advisor must confirm, because some sources describe the gaming-prize regime differently and prizes in kind raise a "withhold from what cash?" problem.]
- **Prizes in kind** are valued at market value (valor de mercado) for the base imponible. With an in-kind prize there is no cash to withhold from, so the bases must state clearly whether Teleton grosses up and assumes the tax or whether the winner must pay it before receiving the prize. Decide this explicitly; it is both a tax and an INDECOPI-transparency issue.

### Teleton's own tax position

As an asociacion sin fines de lucro, Teleton may have an income-tax exoneration if its statute and its actual use of funds meet SUNAT's conditions (funds destined to its social purpose, no distribution to members, registration as a perceptora de donaciones). The raffle proceeds destined to the cause should fit, but the raffle is a distinct activity and the tax advisor should confirm there is no IGV or income-tax leakage on the raffle mechanics themselves. [inferred; confirm with tax advisor.]

---

## 5. INDECOPI consumer protection and advertising

INDECOPI does not authorize the raffle, but it polices it after the fact under the Codigo de Proteccion y Defensa del Consumidor and the Ley de Represion de la Competencia Desleal. Key points:

- **The bases are binding and cannot be changed.** Being unclear on terms (for example the maximum number of winners) or altering them after publication defrauds participant expectations and is sanctionable.
- **Prize delivery within 90 calendar days** of the day after the event is the consumer-protection benchmark.
- **No misleading promotion**: advertised prize values, odds framing, and the "your help also helps you" messaging must not mislead. If a tax reduces the real prize value to the winner, disclose it.
- **Influencer disclosure (directly relevant given the "representante de la rifa" influencer)**: INDECOPI has been explicit (2025 guidance) that sorteos, canjes, unboxings, and sponsored posts by influencers are advertising and MUST be labeled as such, using terms like "Publicidad" or "#Publicidad". The main influencer driving the raffle on Instagram and TikTok must clearly disclose the paid/partner relationship. This is a content-operations requirement to write into the influencer brief, not just a legal footnote.
- **Sanctions**: advertising infractions can reach up to 700 UIT (around S/ 3.6 million in 2025 terms), capped at 10 percent of gross income. The realistic exposure for a careful charity is low, but the influencer-disclosure point is a frequent, easily-avoided slip.

A note of caution: INDECOPI has publicly warned against "aparentes premios / sorteos / raspa y gana" schemes used to disguise sales. Teleton's framing is a genuine charity raffle, but the marketing tone ("jugueton", prize-led for the 22 to 38 audience) should not drift into language that reads as a disguised sale of a product. Keep the charity purpose primary in the copy.

---

## 6. Nonprofit specifics

- A rifa con fines sociales is the correct, available legal vehicle for a nonprofit precisely because it has a social purpose; the TUPA explicitly lists this procedure and a private legal person can be the solicitante.
- Teleton must be able to evidence its status (RUC, partida registral, and ideally its registration as a perceptora de donaciones with SUNAT) in the Formulario 6 filing, mirroring what ADRA presented in the 2025 colecta resolution.
- The "ente competente" recognition concept in the reglamento (article 5) treats recognized charities and similar official organizations as legitimate agents for these activities, which supports Teleton's eligibility. [inferred application to Teleton specifically; confirm.]
- Donations-vs-raffle accounting: raffle proceeds are not the same as donations for tax purposes. The tax advisor should segregate them.

---

## 7. Compliance checklist (owner, lead time, severity)

Severity scale: CRITICAL can block the 12 September launch; HIGH is required before going live but not date-blocking; MEDIUM is required but flexible; LOW is good practice.

| # | Item | Owner | Lead time | Severity | Blocks 12 Sep launch? |
|---|---|---|---|---|---|
| 1 | Confirm the raffle is classified as rifa con fines sociales (not promocion comercial) and that MININTER/DGIN authorization is required | Teleton legal | 2 to 3 days | CRITICAL | Yes, decides everything else |
| 2 | Lock the final prize list and valuations (depends on brand deals) so the Formulario 6 can be completed | Teleton (Rodrigo + comms + brand partners) | Unknown, brand-dependent | CRITICAL | Yes, gates item 3 |
| 3 | File Formulario 6 (Declaracion Jurada) with DGIN-DAEG for EACH draw (warm-up end-Aug and main 12 Sep), or a single filing covering both | Teleton legal | 10 business days plazo, silencio NEGATIVO; file 4 to 6 weeks ahead to absorb observaciones | CRITICAL | Yes |
| 4 | Coordinate the mandatory DGIN representative (veedor) to supervise each draw; decide whether to also use a notary | Teleton legal + ops | Schedule at filing time | CRITICAL | Yes, draw is invalid without it |
| 5 | Draft and publish the bases del sorteo (matching the DGIN filing exactly) | Teleton legal + Sebastian (publish on the landing page) | 1 to 2 weeks drafting | CRITICAL | Yes |
| 6 | Resolve the pricing model (the two conflicting framings in the audio) and the returning-buyer logic, then freeze it in the bases | Rodrigo (decision) + Sebastian (build) | Now | CRITICAL | Yes, bases cannot be filed with ambiguous pricing |
| 7 | Privacy policy published and linked; express, unbundled consent checkbox on the registration form | Teleton legal (text) + Sebastian (build) | 1 week | HIGH | Live-blocking, not date-blocking |
| 8 | Register the banco de datos in the Registro Nacional (free, automatic approval) | Teleton legal / DPO | 1 to 3 days (automatic) | HIGH | No (automatic), but must be done |
| 9 | Confirm/designate the Data Protection Officer (DPO) | Teleton legal | 1 to 2 weeks | MEDIUM | No |
| 10 | Build 48-hour breach-notification capability (logging, escalation, template) | Sebastian + Teleton IT | During build | HIGH | Live-blocking |
| 11 | Security measures: encryption in transit/at rest, least-privilege DB access, audit log, documented dated security policy | Sebastian + Teleton IT | During build | HIGH | Live-blocking |
| 12 | Define data retention/minimization period and build deletion/anonymization + data-export (portability) path | Sebastian + Teleton legal | During build | MEDIUM | No |
| 13 | Confirm Impuesto a los Juegos treatment (10 percent on ticket value), municipal filing, and monthly payment process | Teleton tax advisor + finance | 1 to 2 weeks | HIGH | No, but financial-model-critical |
| 14 | Decide and disclose who bears the income tax on prizes (gross-up vs winner pays), especially for in-kind prizes | Teleton tax advisor + legal | 1 to 2 weeks | HIGH | Affects bases (item 5) |
| 15 | Influencer advertising-disclosure brief (#Publicidad labeling on IG/TikTok/lives) | Teleton comms + Sebastian | 1 week | MEDIUM | No |
| 16 | INDECOPI review of bases and marketing copy for no-misleading-promotion compliance | Teleton legal | 1 week | MEDIUM | No |
| 17 | Payment processor data-sharing agreement aligned to Ley 29733 (third-party processor clause) | Teleton legal + Sebastian | 1 to 2 weeks | MEDIUM | No |
| 18 | Confirm Teleton's nonprofit tax/exoneration position and segregate raffle proceeds from donations | Teleton tax advisor | 1 to 2 weeks | LOW | No |

### The launch-blockers, called out plainly

Items 1, 2, 3, 4, 5, and 6 form one chain and are the real critical path. None of them are software. They are: classify correctly, lock prizes (brand-dependent), file with MININTER (10-day plazo, no automatic approval, per event), secure the DGIN veedor for the draw, publish matching bases, and freeze the pricing. If brand deals slip, the prize list slips, the filing slips, and the 12 September draw is at risk regardless of how fast the app is built. Start the MININTER track now and treat the brand-deal-to-prize-list step as the schedule's gating dependency.

## Recommendations
- **Treat the MININTER/DGIN authorization as the project's critical path, not the software. Open the track this week: confirm classification as rifa con fines sociales with Teleton legal, and map the brand-deal to prize-list to Formulario 6 dependency chain.**: Rifas con fines sociales were explicitly NOT exempted by Decreto Legislativo 1246 (only commercial promotions were). The TUPA procedure has a 10 business day plazo with SILENCIO ADMINISTRATIVO NEGATIVO, so there is no automatic approval, and the draw needs the final prize list which depends on still-pending brand deals. This chain, not the build, is what can miss 12 September.
- **File a separate (or explicitly combined) DGIN authorization for the end-August warm-up draw and the 12 September main draw, with complete dossiers filed 4 to 6 weeks before each draw.**: Each draw is an authorizable random event under article 10 of DS 010-2016-IN and requires an on-site DGIN representative. Filing 4 to 6 weeks ahead absorbs the 10-day plazo plus any observaciones that restart the clock, and leaves time to schedule the veedor. The ADRA 2025 case turned around in about a week, but only with a clean, complete file.
- **Force a decision from Rodrigo on the pricing model and the returning-buyer logic before drafting the bases, then freeze both in the bases and the DGIN filing.**: The audio gives two contradictory pricing framings. The bases cannot be filed or published with ambiguous pricing, and INDECOPI treats changing the terms after publication as a sanctionable infraction. Freezing pricing is a hard prerequisite for items 3 and 5, both launch-blockers.
- **Build the data-protection layer to the new DS 016-2024-JUS standard from day one: express unbundled consent checkbox, published privacy policy, registered banco de datos, encryption and least-privilege DB access, and a 48-hour breach-notification runbook.**: The new reglamento has been in force since 31 March 2025 and is enforced by the ANPD at MINJUSDH with fines up to about S/ 535,000. For a national charity the reputational damage of a data sanction exceeds the fine. Banco de datos registration is now free and automatic, so this is achievable, but the security and consent mechanics must be designed in, not retrofitted.
- **Resolve the prize-tax bearer question early and disclose it in the bases, especially for in-kind prizes where there is no cash to withhold from.**: Impuesto a los Juegos is 10 percent on ticket value (a real cost line in the financial model) and there is a separate income-tax angle on the winner's prize. With in-kind prizes (TVs, electronics) Teleton must decide whether it grosses up or the winner pays before claiming. This is both a tax decision and an INDECOPI transparency requirement that feeds directly into the bases.
- **Write an influencer compliance line into the brief for the 'representante de la rifa': every IG/TikTok/live post promoting the raffle must be labeled #Publicidad.**: INDECOPI's 2025 guidance is explicit that influencer sorteos and sponsored content are advertising and must be disclosed. This is a cheap, easily-missed compliance step with sanction exposure up to 700 UIT, and it lives in content operations rather than legal.

## Open Questions
- Will Teleton file ONE DGIN authorization covering both draws, or two separate filings? This should be confirmed directly with the DGIN-DAEG and changes the lead-time planning.
- What is the exact TUPA cost line for the rifa con fines sociales procedure (is it fully gratuito or is there a fee in UIT)? Teleton legal should pull the current TUPA MININTER entry.
- Is a notary publico strictly required for the draw, or only the DGIN veedor with the notary as recommended best practice? Counsel to confirm.
- Which pricing model is final: framing A (S/10 base, then S/5 for two more, S/5 for three more) or framing B (S/5 entry, then S/5 for one more, S/10 for two, S/15 for three)? Rodrigo must decide before bases are drafted.
- Is the returning-buyer recognition feature (match by phone/email to show existing entries) being built, or is the flat-priced repeat-the-flow fallback being adopted? This affects both the data model and what the bases promise.
- Does Teleton already have a designated Data Protection Officer (DPO), and is one strictly mandatory for this entity under the new reglamento thresholds?
- What is Teleton's exact legal form and tax status (asociacion vs fundacion, income-tax exoneration status, perceptora de donaciones registration)? Needed for the Formulario 6 evidence and to segregate raffle proceeds from donations.
- Who is the payment processor, and is there a data-processing agreement aligned to Ley 29733 covering the personal data it touches?
- For in-kind prizes with no cash component, does Teleton gross up and assume the income tax, or require the winner to pay before claiming? This must be settled before the bases are published.
- What data-retention period will Teleton commit to for non-winning participant contact data after each draw, balancing minimization against tax/audit needs?

## Risks
- [critical] Misclassifying the raffle as a commercial promotion (which needs no permit) and skipping the MININTER/DGIN authorization. The charity raffle is a rifa con fines sociales, which still requires prior authorization. Running an unauthorized charity raffle exposes Teleton to sanctions and reputational damage and could force cancellation mid-campaign.  -> FIX: Confirm classification with Teleton legal immediately (checklist item 1) and file the Formulario 6 with DGIN-DAEG well ahead of each draw. Do not rely on the 'no permit needed' headline that applies only to brand promotions.
- [critical] Brand deals for prizes slip, delaying the final prize list, which delays the DGIN filing (the filing needs prize descriptions and valuations), which pushes the authorization past the draw date. The 10-day plazo has no automatic approval, so a late or incomplete filing means no legal draw on 12 September.  -> FIX: Treat the brand-deal-to-prize-list step as the gating dependency. Set an internal cutoff for locking prizes at least 4 to 6 weeks before each draw, and consider filing with a prize list that allows equal-or-greater-value substitution clauses in the bases.
- [high] Publishing bases with the unresolved/ambiguous pricing from the audio, then changing them after launch. INDECOPI treats post-publication changes to promotion terms as a sanctionable infraction that defrauds participant expectations.  -> FIX: Force the pricing and returning-buyer decisions before drafting the bases, freeze them, and make the bases match the DGIN filing exactly. Build prize-substitution and force-majeure clauses in from the start so foreseeable changes are pre-authorized.
- [high] Launching the registration and payment flow without full Ley 29733 / DS 016-2024-JUS compliance (no proper consent, no privacy policy, unregistered database, weak security, no breach-notification capability). Fines reach about S/ 535,000 and a publicized data sanction against a national charity is severe reputational harm.  -> FIX: Design consent, privacy policy, registration (free/automatic), encryption, least-privilege access, and a 48-hour breach runbook into the build before go-live. Confirm or designate a DPO.
- [high] Conducting the draw without the mandatory DGIN representative present (article 10, DS 010-2016-IN). The draw could be deemed invalid or non-compliant, undermining winner legitimacy and inviting complaints.  -> FIX: Schedule the DGIN veedor at the time of filing each authorization, and consider conducting the draw before a notary publico as an additional auditability safeguard.
- [medium] Failing to handle prize taxes correctly, especially the income tax on in-kind prizes (no cash to withhold from) and the 10 percent Impuesto a los Juegos on ticket value not being budgeted, leading to a SUNAT/municipal exposure or an INDECOPI complaint that advertised prize value was misleading once tax is deducted.  -> FIX: Engage a tax advisor early (checklist items 13 and 14), budget the 10 percent municipal tax in the financial model, decide the prize-tax bearer, and disclose it clearly in the bases.
- [medium] The main influencer promotes the raffle on Instagram, TikTok, and lives without #Publicidad disclosure, triggering an INDECOPI advertising infraction (exposure up to 700 UIT).  -> FIX: Add an explicit disclosure clause to the influencer brief requiring #Publicidad or 'Publicidad' labeling on every promotional post, and have Teleton legal review the campaign creative.
- [low] Marketing tone drifts into language that reads as a disguised product sale or a misleading 'aparente premio' scheme, which INDECOPI has publicly warned against, conflicting with the playful prize-led messaging for the 22 to 38 audience.  -> FIX: Keep the charity purpose primary in all copy, have legal review the public-facing messaging, and ensure the social-purpose framing is prominent in the bases and landing page.

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