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.

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.

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 favor national companies. Arts. 20 and 21 of Law No. 80 state that, in equal conditions, national goods or services are preferred.

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 continue to be significant market access barriers for some companies interested in public sector contracts.

Colombia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

The Regulation on Electronic Commerce and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 1 of the Regulation, its purpose is to strengthen the transparency and quality of the information provided to Consumers in Electronic Commerce Platforms regarding the characteristics, essential features, price of the products and services offered, and all other relevant information to encourage informed decision making, with a view to the purchase of products or services.

Chile has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

According to Art. 152 of the Chapter X (included in September 2022 by Law No. 21,431) of the labor code of Chile, the employment contract of dependent digital platform workers shall indicate: (i) an official channel where the worker can present his objections, claims or requirements. The indicated channel must have a physical place of attention, a local telephone and a company representative assigned as responsible for attending the described purposes.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 30 USD, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

Importers of products listed in Art. 1 of Resolution 1,985 need to obtain a certificate issued by the regulator SUBTEL. These products include several ICT products such as portable transceivers, remote controls, wireless microphones, wireless telephones, RFID equipment, among others. If a device can be classified under these categories, then a homologation certificate will be issued upon obtaining a certificate of conformity from a registered Chilean testing facility. If a device cannot be classified under these categories, then the manufacturer must obtain “special authorization” from SUBTEL. When there is a Mutual Recognition Agreement (MRA), no further authorization is needed (Art. 2). It is possible to use existing test reports by laboratories with international validation for the certification process (Art. 6). Technical documents are reviewed and validated in the approval process.
It is reported that these products must be homologated: portable transceivers; remote radio controls; wireless microphones; wireless telephones, including some DECT systems; RFID equipment; radio alarms; communication systems for medical implantation; other equipment used for medical applications; equipment used as radar systems in vehicles; Zigbee devices.

Resolution 1,463 states that mobile devices destined for public mobile telephony and data transmission services, to be distributed or commercialized in the Chilean market, must: be homologated, certified and validated by an authorised entity (SUBTEL), among other requirements. There is a transparent protocol of homologation (Annex II of the Resolution). According to Art. 6, a certificate of a country where a Mutual Recognition Agreement (MRA) applies is accepted for the purpose of homologation.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Chile's law and jurisprudence. The scope of the safe harbor regime in place under Act No. 17,336 is limited since it only applies to intellectual property rights.