Database

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COLOMBIA

Since August 2012

Pillar Domestic data policies  |  Sub-pillar 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 June 2013
Since October 2012, last amended May 2015

Pillar Domestic data policies  |  Sub-pillar 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

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Colombia's law and jurisprudence. The liability regime for damages applicable to Internet intermediaries in Colombia is the same as that generally applied to any other activity, which is a regime of subjective civil liability since the law does not provide for a presumption of fault (or objective) for intermediaries.
Coverage Internet intermediaries

COLOMBIA

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 Colombia's law and jurisprudence. The liability regime for damages applicable to Internet intermediaries in Colombia is the same as that generally applied to any other activity, which is a regime of subjective civil liability since the law does not provide for a presumption of fault (or objective) for intermediaries.
Coverage Internet intermediaries

COLOMBIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Colombia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

COLOMBIA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Colombia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

COLOMBIA

Since December 2000
Since January 1996, last amended in July 2012
Since July 2000, last amended in January 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Andean Decision No. 486 Common Regime on Industrial Property (Decisión No. 486 Régimen Común sobre Propiedad Industrial)

Law No. 256 By Which Rules on Unfair Competition Are Issued (Ley No. 256 Por la Cual se Dictan Normas sobre Competencia Desleal)

Criminal Code (Código Penal)
Laws No. 256, Decision No. 486, and the Penal Code provide a framework for the adequate protection of trade secrets. Art. 245 of Decision No. 486 allows requesting preventive measures to stop an alleged infringement, avoid its consequences, obtain or retain evidence, or ensure the effectiveness of the action or compensation for damages. In addition, Art. 16 of Law No. 256 punishes the violation of trade secrets and Art. 308 of the Penal Code defines the violation of trade secrets and establishes a sanction.
Coverage Horizontal

COLOMBIA

Since November 2016

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Resolution CRC No. 5,050 (Resolución No. 5,050 Por la Cual se Compilan las Resoluciones de Carácter General Vigentes Expedidas por la Comisión de Regulación de Comunicaciones)
According to Title IV of Resolution CRC 5050, there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

COLOMBIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 stakes in the company but this has not been the case yet. Some public telecommunication companies exist at the local level, for example, ETB (which provides services in Bogotá), EPM (in Medellín), and Metrotel (in Barranquilla).
Coverage Telecommunications sector

COLOMBIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 is 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

Since April 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (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 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar 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

Pillar Cross-border data policies  |  Sub-pillar 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)
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.
Coverage Horizontal

COLOMBIA

Since December 2008, last amended in October 2021

Pillar Cross-border data policies  |  Sub-pillar 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 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

Signed in 2015, entry into force in April 2020

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
First Amending Protocol which Amends the Additional Protocol to the Framework Agreement of the Pacific Alliance) (Primer protocolo modificatorio del Protocolo Adicional al Acuerdo Marco de la Alianza del Pacífico)
According to Art. 13.11 of the First Amending Protocol which amends the Additional Protocol to the Framework Agreement of the Pacific Alliance, the four parties (Chile, Colombia, Peru and Mexico) commit to allowing cross-border information transfers through electronic means, including also the transfer of personal data for business activities. Moreover, in Art. 13.11 bis, the parties commit to ban forced localisation of computer facilities in their national territories.
Coverage Horizontal

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