Database

Pursuant to Law 1266 of 2008, personal data may not be transferred outside of Colombia to countries which do not comply with the adequate standards of data protections. This restriction does not apply in the following cases:
- when there is an express authorisation by the data dubject;
- when the information relates to medical data as required by issues of health and public hygiene;
- for banking operations; and
- for operations carried out in the context of international conventions which Colombia has ratified.

It has been reported that Colombia's National Protection Office (NPO) is considering data localisation or other barriers to data flows as part of a cloud services procurement project for government agencies. Early drafts show the NPO is considering a vague “adequacy” assessment to decide which countries provide adequate data protection. The NPO has reportedly prepared a draft list of “adequate” countries without detailing how these countries were assessed.

No direct quotas are applied. However, Colombian Labor Law states that companies with more than 10 employees, Colombian nationals must occupy at least 80% of all managerial level positions and 90% of non-managerial positions.

According to a report, Colombia has not yet achieved effective separation between regulation and effective policy making in the telecommunication sector, increasing the risk of political interference in the regulator decisions.

It is reported that the telecom regulator in Colombia lacks of monitoring, enforcement or sanctioning powers over infractions to wholesale obligations for fixed broadband markets.

Colombia does not have a single incumbent, but different local ones. For instance, Empresa de Telefonos de Bogota, Emcali and Metrotel are the incumbent operators serving Bogota, Cali and Barranquilla, respectively. Most of these local incumbents are state owned entreprises.

It is reported that, in terms of investigations, Colombia’s success against counterfeiting and IPR violations is limited to specific isolated events and seizures.

Colombia does not provide for clear fair use/fair dealing exceptions. Chapter III of Law No.23 on Copyright lays out a closed list of limitations and exceptions to copyright infringement.

According to reports published by the United States government, foreign participants in Colombia’s telecommunications market continue to raise concerns about the regulatory treatment in the mobile market. Barriers include high license fees (USD150 million for a long distance license) and a system of subsidies where, for example, long-distance telephone service subsidizes local telephone service.

Colombian Labor Law states that companies with more than 10 employees, Colombian nationals must occupy at least 80% of all managerial level positions and 90% of non-managerial positions. This restriction extends to directors and executive officers if they are employees.

Colombia's National Copyright Directorate requires that IT providers contracting with the government must provide source codes to the entities that they are providing services to.

Colombia is not a signatory to the WTO Agreement on Government Procurement, but it has been an observer to the WTO Committee on Government Procurement since February 1996.

It has been reported that Colombia's National Protection Office (NPO) is considering data localisation or other barriers to data flows as part of a cloud services procurement project for government agencies. Early drafts show the NPO is considering a vague “adequacy” assessment to decide which countries provide adequate data protection. The NPO has reportedly prepared a draft list of “adequate” countries without detailing how these countries were assessed.

In 2003, Colombia introduced preference margins for domestic suppliers and foreign suppliers that use Colombian goods, materials or personnel. Law No. 816 of 8 July 2003, which aims to provide support for the domestic industry, allows the granting of a preference margin of between 10% and 20% to offers of Colombian goods or services and between 5% and 15% for offers of foreign goods and services that incorporate Colombian components or professional, technical and operating services. If the offer of a foreign bidder is on equal terms with that of a domestic bidder, the contract is awarded to the domestic bidder or to the foreign supplier that uses domestic components.

In January 2017, Colombia enacted a tax reform which imposes a VAT on certain foreign digital services and intangible goods, through a withholding mechanism. The services concerned are audiovisual services, platform service for digital distribution of mobile applications, provision of online advertising services, and teaching or distance training supply. Credit and debit card issuers and other payment processors will have to withhold Colombian VAT before payment is made from the resident to the supplier. The VAT rate is 19%.