COLOMBIA
Since October 2012, last amended in May 2015
Since June 2013
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)
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
Sources
- https://web.archive.org/web/20230331202300/https://alianzapacifico.net/download/primer-protocolo-modificatorio-del-protocolo-adicional-al-acuerdo-marco-de-la-alianza-del-pacifico/
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20240308233042/http://www.sice.oas.org/Trade/PAC_ALL/Protocols/Protocol_1_Mod_Protocol_Add_PAC_ALL_s.pdf
- https://web.archive.org/web/20220119220213/https://www.cancilleria.gov.co/sites/default/files/FOTOS2020/3.4.pdf
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COLOMBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar 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: Digital 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 Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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 July 2000, last amended in December 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
Since October 1993, last amended in January 2022
Since October 1993, last amended in January 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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)
Law No. 80 General Conracting Statute of the Public Administration (Ley No. 80 Estatuto General de Contratación de la Administración Pública)
Law No. 80 General Conracting Statute of the Public Administration (Ley No. 80 Estatuto General de Contratación de la Administración Pública)
Law No. 816 establishes preference margins to promote domestic goods and services and requires State entities (except residential public utility service providers) to set out the relevant preferences in the procurement documents. Art. 2 states that the preference margin is between 10% and 20% of the total score for tenders of Colombian goods and services and between 5% and 15% for tenders for foreign goods and services incorporating Colombian goods and services components.
In addition, the Government of Colombia applies preference margins and criteria for breaking tie bids to favour national companies. Arts. 20 and 21 of Law No. 80 state that, in equal conditions, national goods or services are preferred.
In addition, the Government of Colombia applies preference margins and criteria for breaking tie bids to favour national companies. Arts. 20 and 21 of Law No. 80 state that, in equal conditions, national goods or services are preferred.
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/20221128043748/https://www.legal500.com/guides/chapter/colombia-public-procurement/
- https://web.archive.org/web/20240224022811/http://www.secretariasenado.gov.co/senado/basedoc/ley_0080_1993.html
- https://web.archive.org/web/20230316075245/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S372R1.pdf&Open=True
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COLOMBIA
Since June 1971, last amended in January 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Commerce Code (Código de Comercio)
Art. 471 of the Commercial Code mandates that a foreign company must establish a branch domiciled in Colombia in order to conduct "permanent" business activities within the country. In accordance with Art. 474 of the Code, activities considered "permanent" include acting as a contractor for works or providing services.
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://resourcehub.bakermckenzie.com/en/resources/public-procurement-world/public-procurement/colombia/topics/1-the-laws
- https://trade.ec.europa.eu/access-to-markets/en/barriers/details?isSps=false&barrier_id=13162
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COLOMBIA
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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. The Colombian government is also resorting to auctions for the purchase of high-tech or complex equipment. 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 |
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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CHINA
Since June 2017
Since June 2017
Since June 2017
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Internet News Information Service Management Regulations (互联网新闻信息服务管理规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6, to apply for an Internet news information service license, one must have places, facilities, and funds suitable for the service. The Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers
Sources
- https://web.archive.org/web/20231107150741/http://www.cac.gov.cn/2017-05/02/c_1120902760.htm
- https://web.archive.org/web/20231107150746/http://www.cac.gov.cn/2017-05/02/c_1120902931.htm
- https://web.archive.org/web/20211025231346/https://www.lexology.com/library/detail.aspx?g=af1b1b36-3c2c-45ef-b328-9566de509b33
- https://web.archive.org/web/20220127231019/https://www.lexology.com/library/detail.aspx?g=b2aa77aa-0270-40f8-9f18-ad65b6130259
- https://web.archive.org/web/20231221221634/https://chinacopyrightandmedia.wordpress.com/2017/05/02/internet-news-information-service-management-regulations-2/
- https://web.archive.org/web/20230917093303/http://finance.sina.com.cn/roll/2017-05-04/doc-ifyexxhw2298844.shtml
- https://web.archive.org/web/20231030123540/https://www.reuters.com/article/us-china-internet-censorship-security-idUSKBN17Y0Y6
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