Key Data & Cybersecurity Laws
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Key Data & Cybersecurity Laws Start Comparison
How are data and cybersecurity laws/regulations implemented?

Last review date: 10 December 2024

☒ omnibus – all personal data
☒ constitutional

What are the key cybersecurity laws and regulations?

Last review date: 10 December 2024

The Colombian Information and Communications Technology Ministry issued Decree 338 of 2022, which modified Decree 1078 of 2015, with general guidelines to strengthen digital security, identify critical cybernetic infrastructures and essential services, and regulate the management of risks and the response to digital security breaches. This regulation is applicable to all public agencies as well as private companies and individuals who carry out administrative activities or administer critical cybernetic infrastructures or provide essential services.

  • Guidelines of the Superintendence of Industry and Commerce (SIC) regarding security incidents and data breaches
What are the key laws and regulations relating to non-personal data?

Last review date: 10 December 2024

Are new or material changes to those key data and cybersecurity laws anticipated in the near future?

Last review date: 10 December 2024

There are no material changes in data privacy and cybersecurity. However, a new Bill of Law (152 of 2024 of the Cámara) has been filed before Congress regarding data privacy. This Bill of Law follows the parameters of the EU General Data Protection Regulation (EU GDPR) and would introduce structural modifications to Colombian legislation, such as the bases of legitimacy, where currently the sole basis of legitimacy is consent.

It is important to note that there are currently seven legislative proposals (Bills of Law) aimed at regulating the use of artificial intelligence. Some provisions in these Bills of Law relate to implementing personal data protection and cybersecurity measures, which would include specific regulations. It is worth highlighting that many aspects of cybersecurity are currently implemented through the principle of accountability, which establishes a very broad parameter of obligations depending on the conditions of each controller and processor. As a result, we can expect developments in this area in the medium to long term.