COLOMBIA
Since April 2014
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Colombia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
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
Sources
- https://web.archive.org/web/20250310230918/https://datahub.itu.int/data/?i=100088&s=3109&e=COL
- https://app.gen5.digital/tracker/country-cards/Colombia
- https://web.archive.org/web/20260208232900/https://freedomhouse.org/country/colombia/freedom-net/2024
- https://web.archive.org/web/20250310231936/https://freedomhouse.org/country/colombia/freedom-net/2022
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COLOMBIA
Since October 2012, last amended in May 2015
Since June 2013
Since August 2017, as amended in March 2018
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)
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.
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
Sources
- https://web.archive.org/web/20230331212134/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=49981
- https://web.archive.org/web/20230325145617/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=53646#0
- https://web.archive.org/web/20260216134005/https://sedeelectronica.sic.gov.co/sites/default/files/normatividad/032018/CIRCULAR-EXTERNA-002.pdf
- https://web.archive.org/web/20260216134145/https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=70498&dt=S
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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
Since January 1991
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 9 of 1991 - Whereby General Rules Are Issued to Which the National Government Shall Be Subject to Regulate International Exchanges and Complementary Measures Are Adopted (Ley No. 9 de 1991 - Por la Cual se Dictan Normas Generales a las que Deberá Sujetarse el Gobierno Nacional para Regular los Cambios Internacionales y se Adoptan Medidas Complementarias)
According to Art. 15 of Law 9 of 1991, the general regime for the investment of foreign capital in the country and Colombian investments abroad is established by the National Government. With the exception of those matters relating to the transfer of resources abroad, foreign investment in Colombia shall be treated for all purposes in the same manner as the investment of Colombian nationals.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210923210817/https://www.mipymes.gov.co/mipymes/media/mipymes/Documentos/Ley-9-de-1991-art-15.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S472R1.pdf&Open=True
- https://web.archive.org/web/20251009083651/https://www.state.gov/reports/2025-investment-climate-statements/colombia/
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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
Sources
- https://www.state.gov/reports/2024-investment-climate-statements/colombia/
- https://web.archive.org/web/20240328152605/https://www.state.gov/reports/2023-investment-climate-statements/colombia/
- https://web.archive.org/web/20230531040225/https://www.state.gov/reports/2022-investment-climate-statements/colombia__trashed/
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COLOMBIA
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Local presence requirement for patent applications
It is reported that patent applicants who are not resident in Colombia must appoint an agent in the country by submitting a simple power of attorney. Any attorney registered in Colombia may act as the appointed agent.
Coverage Horizontal
COLOMBIA
Since February 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Colombia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
COLOMBIA
Since January 1982, last amended in May 2023
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 23 of 1982 on Copyright (Ley No. 23 de 1982 Sobre Derechos de Autor)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Colombia has a copyright regime under Law No. 23. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 31-44 list the exceptions, which include the use of literary or artistic works or parts thereof as illustrations in works intended for educational purposes; and the reproduction, distribution, and communication to the public of news or other information relating to facts or events that have been publicly disseminated by the press or by broadcasting; among others.
Moreover, Colombia is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Moreover, Colombia is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251208233834/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=3431
- https://wipolex.wipo.int/en/text/223493
- https://web.archive.org/web/20240413063435/https://sice.oas.org/trade/JUNAC/decisiones/DEC351S.asp
- https://web.archive.org/web/20221016094834/https://www.mondaq.com/copyright/531024/overview-of-copyright-and-neighboring-rights-in-colombia
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COLOMBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.01%
Coverage rate of zero-tariffs on ICT goods (%)
82.59%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
COLOMBIA
Since March 2012
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Colombia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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COLOMBIA
Since October 1993, last amended in May 2023
Since July 2007
Since July 2013
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)
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.
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
Sources
- https://web.archive.org/web/20260212113833/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=304
- https://web.archive.org/web/20240406111232/https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=25678
- https://web.archive.org/web/20240222042819/https://www.camarabaq.org.co/faq/cuales-son-los-casos-en-los-que-no-se-requiere-del-registro-unico-de-proponentes/
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S472R1.pdf&Open=True
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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
Sources
- https://web.archive.org/web/20230316075245/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S372R1.pdf&Open=True
- https://web.archive.org/web/20240214170835/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=12672
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S472R1.pdf&Open=True
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COLOMBIA
Since July 2003, last amended in January 2012
Since June 2021
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)
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
Sources
- https://web.archive.org/web/20220302013439/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=8788
- https://web.archive.org/web/20250912074518/https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=164810
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S472R1.pdf&Open=True
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