COLOMBIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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 |
Sub-pillar 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
COLOMBIA
Since June 1971, last amended in January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Commerce Code (Código de Comercio)
Art. 471 of the Commerce Code stipulates that for a foreign company to engage in "permanent" business in Colombia, it must set up a branch domiciled in the country. According to Art. 474 of the Code, activities deemed "permanent" include:
- Opening commercial establishments or business offices;
- Intervening as a contractor of works or provision of services;
- Obtaining a concession from the Colombian State (or if the State has formally given up rights through another title) or participating in some way in the exploitation of a concession;
- The fact that associate assemblies, board of directors, or administration of a foreign company are operating in the national territory.
- Opening commercial establishments or business offices;
- Intervening as a contractor of works or provision of services;
- Obtaining a concession from the Colombian State (or if the State has formally given up rights through another title) or participating in some way in the exploitation of a concession;
- The fact that associate assemblies, board of directors, or administration of a foreign company are operating in the national territory.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240228025309/http://www.secretariasenado.gov.co/senado/basedoc/codigo_comercio.html
- https://web.archive.org/web/20220926000417/https://revistaicdt.icdt.co/wp-content/Revista%2079/PUB_ICDT_AR_CABRERA%20CABRERA%20Omar%20Sebastian_El%20concepto%20de%20establecimiento%20permanente%20en%2...
- https://web.archive.org/web/20241129112443/https://resourcehub.bakermckenzie.com/en/resources/public-procurement-world/public-procurement/colombia/topics/1-the-laws
- https://web.archive.org/web/20241129130621/https://trade.ec.europa.eu/access-to-markets/en/barriers/details?isSps=false&barrier_id=13162
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COLOMBIA
Reported in 2022, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
Since February 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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 July 2018
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 23 on Copyright (Ley No. 23 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/20240510002430/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
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Concerns have been reported about the enforcement of copyright online. High levels of digital piracy persist, and Colombia has not curtailed the number of free-to-air devices, community antennas, and unlicensed Internet Protocol Television (IPTV) services that permit the retransmission of otherwise-licensed content to a large number of non-subscribers. Within marketplaces, there is a high number of illegal streaming websites and visits to illegal websites for live-streaming broadcasting.
Coverage Live broadcasting
CANADA
Since 2019
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Canada has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CANADA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Canada has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
CANADA
Since November 2000
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Memorandum D8-2-2, Postal Imports Remission Order
According to the Postal Imports Remission Order, the importation of goods whose total value does not exceed the threshold of CAN 20 (approx. USD 15), with the exception of tobacco, books, periodicals, magazines, and alcoholic beverages, are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240119140310/https://www.cbsa-asfc.gc.ca/publications/dm-md/d8/d8-2-2-eng.pdf
- https://web.archive.org/web/20231026234548/https://www.cbsa-asfc.gc.ca/import/courier/menu-eng.html
- https://web.archive.org/web/20220901044141/https://global-express.org/assets/files/Customs%20Committee/de-minimis/GEA%20overview%20on%20de%20minimis_28%20March%202018.pdf
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CANADA
Since 2000
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Canadian Presence Requirements for Registrants
Parties wishing to obtain a ".ca" domain name need to satisfy the Canadian Internet Registration Authority's Canadian Presence Requirements, which reserves ".ca" domain names for Canadian citizens, permanent residents, companies incorporated in a Canadian jurisdiction, partnerships registered in Canada, and entities with Canadian trademarks. Domain names can be licensed to the registrant either through a stand-alone licence agreement or as part of a larger transaction.
Coverage Horizontal
CANADA
Since December 2002, last amended in December 2023
Since December 2015, last amended in April 2023
Since December 2015, last amended in April 2023
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Competition Act (R.S.C., 1985, c. C-34)
Anti-Spam Law
Anti-Spam Law
The law Competition Act (R.S.C., 1985, c. C-34) and the Anti-Spam Law provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
CANADA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Canada has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CANADA
Since December 1985
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Copyright Act (Loi sur le droit d'auteur)
The Copyright Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 31.1(1), internet service providers (ISPs), provided that they are content-neutral, cannot be held liable for providing any means for Internet access.
Coverage Internet intermediaries
CANADA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Canada's law and jurisprudence.
Coverage Internet intermediaries