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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)  |  Indicator 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, Andean Community Decision No. 486, and the Penal Code collectively constitute Colombia’s core framework for the protection of trade secrets. Arts. 260–266 of Decision No. 486 provide the principal substantive definition of "secreto empresarial", grounding protection in three cumulative elements: the information must be secret, possess commercial value by virtue of its secrecy, and be subject to reasonable measures designed to preserve its confidentiality. These provisions clarify that protectable trade secrets may relate to, inter alia, products, production processes, and methods of distribution or service delivery. They also prohibit the unauthorised acquisition, use, or disclosure of protected information in a manner contrary to honest commercial practices, characterising misappropriation as a form of unfair competition.
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 2008

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution No. 912 Police Service Regulations (Resolución No. 912 Por la Cual se Expide el Reglamento del Servicio de Policía)
According to Resolution No. 912, telecom subscribers must provide telecom concessionaires with their name, address, contact number and ID number. The police duplicate this database. Telecommunications service providers authorised to operate must “allow remote queries” to subscriber’s data “via the web through VPN”, which must contain the following information: complete names or registered corporate or trade name; identification number and type or tax identification (for legal entities); address; telephone number; city of residence; mobile number or fixed line number; “ID and FLOTA number” if any; activation date. In case of changes, telecommunications service providers must send updates to DIJIN ("Dirección de Investigación Criminal e INTERPOL de la Policía Nacional") every month (Art. 1 and Annex I).
Coverage Telecommunications sector

COLOMBIA

Since April 2023

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Resolution CRC No. 7120 (Resolución No. 7,120 Por medio de la cual se modifica el CAPÍTULO 10 de la SECCIÓN 1 del TÍTULO IV de la Resolución CRC 5050 de 2016, y se dictan otras disposiciones)
Resolution CRC No. 7120 of 2023 replaced Chapter 10 of Title IV of Resolution CRC No. 5050 of 2016 with a unified regulatory framework governing access to eligible infrastructure for the deployment of telecommunications networks and services. Pursuant to Arts. 4.10.1.1–4.10.1.4, the framework covers telecommunications poles and canalisation systems, including ducts, chambers and inspection boxes, as well as eligible infrastructure in the electricity, mass-transport, road and urban-furniture sectors. Infrastructure providers are required to grant access and permit shared use subject to the applicable requirements concerning efficiency, non-discrimination, technical feasibility and remuneration. Art. 6 of Resolution CRC No. 7120 repealed the former Chapter 11 of Title IV and Resolution CRT No. 2014 of 2008, whose subject matter was incorporated into the new unified Chapter 10.
Coverage Telecommunications sector

COLOMBIA

Reported in 2018, last reported in 2025

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

COLOMBIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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 has been an obligation to separate accounting since 1997. Under Art. 2.9.1.2 of Resolution CRT No. 87 of 1997, vertically integrated public switched telephone network operators had to maintain separate accounts for long-distance services and for local, extended-local and rural mobile telephone services. The accounts had to distinguish the assets, liabilities, revenues, costs and expenses attributable to the respective services.
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  |  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

Since July 2003, last amended in January 2012
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)
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

COLOMBIA

Reported in 2014, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator 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. 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  |  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

COLOMBIA

Reported in 2022, last reported in 2025

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

COLOMBIA

N/A

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

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)
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.
Coverage Horizontal

COLOMBIA

Reported in 2018, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Concerns have been raised regarding the effectiveness of online copyright enforcement in Colombia. Digital piracy remains widespread, and the authorities have not significantly reduced the availability of free-to-air devices, community antenna systems, and unlicensed Internet Protocol Television (IPTV) services that enable the large-scale retransmission of otherwise licensed content to non-subscribers. Stakeholders further report that piracy of licensed content via mobile applications continues to expand and constitutes an increasing challenge.
Coverage Live broadcasting

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