Database

Browse Database

COLOMBIA

Since June 2013
Since October 2012, last amended May 2015

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Decree No. 1,377 Which Partially Regulates Law No. 1,581 (Decreto No. 1,377 Por el Cual se Reglamenta Parcialmente la Ley No. 1,581 de 2012)

Law No. 1,581 on Data Protection (Ley No. 1,581 Ley de Protección de Datos Personales)
According to Art. 23 of Decree 1,377, controllers and processors should appoint a person or function within the company that assumes responsibility for the protection of personal data, tasked with reviewing and solving claims made by data subjects. Furthermore, Title VI of Law No. 1,581 establishes the duties of those responsible for data treatment and in charge of data treatment.
Coverage Horizontal

COLOMBIA

Reported in 2018, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Concerns have been raised regarding the effectiveness of online copyright enforcement in Colombia. Digital piracy remains widespread, and the authorities have not significantly reduced the availability of free-to-air devices, community antenna systems, and unlicensed Internet Protocol Television (IPTV) services that enable the large-scale retransmission of otherwise licensed content to non-subscribers. Stakeholders further report that piracy of licensed content via mobile applications continues to expand and constitutes an increasing challenge.
Coverage Live broadcasting

COLOMBIA

Reported in 2018, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government of Colombia holds 32.5% shares of Colombia Telecomunicaciones SA ESP, which operates under the brand Movistar and focuses mainly on the telephony and mobile connection businesses. In September 2018, the authorities reported that the State was going to sell its stake in the company, but this has not been the case yet. Some public telecommunication companies exist at the local level, as ETB (which provides services in Bogotá), EPM (in Medellín), and Metrotel (in Barranquilla).
Coverage Telecommunications sector

COLOMBIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The country does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2009. According to Arts. 64 and 65 of Law No. 1,341 "Issues principles and concepts on the information society and the organization of Information and Communication Technologies (ICT), creates the National Spectrum Agency [...]" (Ley No. 1341 Por la cual se definen principios y conceptos sobre la sociedad de la información y la organización de las Tecnologías de la Información y las Comunicaciones (TIC), se crea la Agencia Nacional de Espectro [...]), the operators must keep separate accounting. They would be subject to specific sanctions if they do not comply with the requirement.
In addition, according to Arts. 9.1.2.1. and 9.1.2.2. of Resolution 5050 of 2016 (as amended by Art. 1 of Resolution No. 5589 of 2019), Telecommunications Network and Service Providers and/or Pay TV Operators are obliged to adopt separate accounting schemes in compliance with Art. 22 (numeral 19) and Art. 64 (numeral 8) of Law No. 1,341 of 2009.
Coverage Telecommunications sector

COLOMBIA

Reported in 2022, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Colombia has a telecommunications authority: the Communications Regulation Commission (CRC, Comisión de Regulación de Comunicaciones). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

COLOMBIA

Since October 2012, last amended in May 2015
Since June 2013
Since August 2017, as amended in March 2018

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 1,581 on Data Protection (Ley No. 1,581 Ley de Protección de Datos Personales)

Decree No. 1,377 Which Partially Regulates Law No. 1,581 (Decreto No. 1,377 Por el Cual se Reglamenta Parcialmente la Ley No. 1,581 de 2012)

External Circular No. 005/2017 of the Superintendency of Industry and Trade (Circular Externa No. 005/2017 de la Superintendencia de Industria y Comercio)
According to Art. 26 of Law No. 1,581, cross-border transfer of personal data is forbidden unless it is made to a country that offers adequate levels of data protection, as defined by the Colombian data protection authority. The prohibition does not apply in certain cases, including when the data subject authorises the cross-border transfer or when medical data is required for health or public hygiene reasons. According to the law, the institution in charge, "Superintendencia de Industria y Comercio" (SIC), establishes the standards regarding international data transfers.
Pursuant to Section 3.2 of External Circular No. 005/2017, as amended by External Circular No. 002/2018, the jurisdictions recognised as providing an adequate level of data protection include EU Member States, as well as Australia, Costa Rica, Japan, Iceland, Norway, Peru, Serbia, the Republic of Korea, the United Kingdom, and the United States.
Coverage Horizontal

COLOMBIA

Since December 2008, last amended in October 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 1,266 Regulates Habeas Data and the Handling of the Information Contained in Personal Databases, Especially Financial, Credit, Commercial, Services, and That from Third Countries (Ley No. 1,266 Por la Cual se Dictan las Disposiciones Generales del Hábeas Data y se Regula el Manejo de la Información Contenida en Bases de Datos Personales, en Especial la Financiera, Crediticia, Comercial, de Servicios y la Proveniente de Terceros Países [...])
Art. 5 of Law No. 1,266 establishes that a personal data transfer between data bank operators is permitted when authorisation is obtained from the data subject or when the destination database has the same purpose as the operator that delivers the data. If the receiver of the data is a foreign data bank, the delivery without authorisation must be done with a written record and due verification that the laws of the recipient of the information offer guarantees for the protection of the rights of the data subject.
Coverage Financial sector

COLOMBIA

Since August 2012

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Decree No. 1,704 Regulates Article 52 of Law No. 1,453 […] and Other Provisions (Decreto No. 1,704 Por Medio del Cual se Reglamenta el Artículo 52 de la Ley 1,453 de 2011 […] y se Dictan Otras Disposiciones)
Pursuant to Art. 4 of Decree No. 1,704, telecommunications providers must keep and store for a period of five years subscribers' personal information, such as identity, billing address, and connection type. This information must be available to the Attorney General or any competent authority in the context of a criminal investigation.
Coverage Telecommunication sector

COLOMBIA

Since October 1993, last amended in May 2023
Since July 2007
Since July 2013

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 80 General Contracting Statute of the Public Administration (Ley No. 80 Estatuto General de Contratación de la Administración Pública)

Law No. 1,150 Introducing Measures for Efficiency and Transparency in Law No. 80 of 1993 and Other General Provisions on Contracting with Public Resources (Ley No. 1.150 Por Medio de la Cual se Introducen Medidas para la Eficiencia y la Transparencia en la Ley 80 de 1993 y se Dictan Otras Disposiciones Generales sobre la Contratación con Recursos Públicos)

Decree 1510 (Decreto 1,510)
Art. 20 of Law No. 80 establishes the principle of reciprocity for the participation of foreign investors in public procurement, under which foreign bidders are entitled to the same treatment that Colombian companies receive in the countries of origin of the foreign bidders.
In addition, Art. 6 of Law No. 1,150 of 2007, together with Art. 3 of Decree No. 1,510 of 2013, requires bidders established in Colombia (including foreign branches) to be enrolled in the Single Bidders Register (Registro Único de Proponentes, RUP) in order to contract with the State. As a general rule, registration in the RUP operates as a condition for participation in public procurement procedures. However, the most recent WTO Trade Review indicates that foreign firms established abroad may participate without RUP registration.
The RUP is intended to facilitate access to procurement opportunities and functions as an ex ante mechanism for verifying legal, administrative, and related eligibility requirements prior to participation in competitive tendering processes. The enrolment fee set in 2024 is COP 741,000 (approx. USD 200), which has been reported as a potential obstacle to participation in government procurement.
Coverage Horizontal

COLOMBIA

Since July 2000, as amended in December 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 590 By Which Provisions Are Issued to Promote the Development of Micro, Small, and Medium Enterprises (Ley No. 590 Por la Cual se Dictan Disposiciones para Promover el Desarrollo de las Micro, Pequeñas y Medianas Empresas)
Art. 12.5 (Chapter III) of Law No. 590 states that micro, small and medium enterprises (MSMEs) are preferred under equal conditions (price, quality, capacity of supply, and service) in public tenders.
Coverage Horizontal

COLOMBIA

Since July 2003, last amended in January 2012
Since June 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 816 - Through Which the National Industry Is Supported Through Public Procurement (Ley No. 816 Por Medio de la Cual se Apoya a la Industria Nacional a Través de la Contratación Pública)

Decree No. 680 of 2021 (Decreto 680 de 2021)
Pursuant to Law No. 816, public administration entities that, under the applicable contracting regime, must select contractors through tenders, calls for bids, or public competitions are required to apply objective evaluation criteria that favour domestic industry. Art. 2 provides that bids offering goods and services of Colombian origin benefit from a margin of preference of 10% to 20%, while bids offering foreign goods and services that incorporate inputs of Colombian origin benefit from a margin of preference of 5% to 15%. The concept of “origin” for services was amended by Decree No. 680 of 2021 to encompass the domestic goods and labour required to supply those services.
Coverage Horizontal

COLOMBIA

Since December 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2,069 of 2020, Promoting Entrepreneurship in Colombia (Ley No. 2069 de 2020, Por Medio del Cual Se Impulsa el Emprendimiento en Colombia)
Art. 35 of Law No. 2069 of 2020 establishes the tie-break mechanism applicable to public procurement processes. Where two or more bids obtain the same total score, the contracting entity must apply a series of criteria sequentially and exclusively, in the order listed, while ensuring consistency with Colombia’s international commitments, until the tie is resolved. The first criterion is a preference for national goods and services over foreign goods and services. Other criteria include the preference for companies employing at least 10% of the workforce that is indigenous, Black/Afro-Colombian, Raizal, Palenquero, and Gypsy populations, and a preference for bids submitted by SMEs, cooperatives, or mutual associations.
Coverage Horizontal

COLOMBIA

Reported in 2021, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints on lack of transparency in public procurement
There have been frequent complaints about the lack of transparency and rule changes during the award of major government contracts. It has been reported that, despite Law No. 80, transparency, fairness, and truly competitive bidding conditions in many tenders remain uncertain. These factors remain significant market access barriers for some companies interested in public sector contracts.
Coverage Horizontal

COLOMBIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Colombia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal

COLOMBIA

Reported in 2022, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Reported requirement for commercial presence in data processing and information services
It is reported that the provision of data processing and information services in Colombia necessitates the establishment of a formal commercial presence.
Coverage Data processing and information services

Report issue     Report new measure