Autor: María del Pilar Duplat Molano y Gabriela Mancero Introduction On July 30, 2019, Luis Fernando Velasco and other senators filed a proposal for statutory law before the General Secretary of the Senate of the Republic of Colombia to amend the current financial...
PM Legal News
Conditional Constitutionality of the BIT signed between Colombia and France
Autor : Jairo Morales Vecino The Decision at a Glance On July 10th, Colombia and France signed the Agreement for the reciprocal promotion and protection of their investments (hereafter the “Treaty”) that incorporated a set of bilateral features aiming at protecting...
Sanctions imposed for breaches in data protection law
Autor : María del Pilar Duplat Molano y Gabriela Mancero Introduction The Superintendence of Industry and Commerce (hereinafter “SIC”) fined three of the major telecommunication companies in Colombia, Directv, Claro (Comcel) and Avantel. The SIC considered that...
Legal regime for providers of Information and Communication Technologies – ICT services
Autor : Jairo Morales Vecino Introduction Through Ruling C-306/2019 of July 10th of 2019, the Constitutional Court of Colombia studied unconstitutionality charges against article 55 (partial) of Law 1341/2009, the latter of which defined principles and concepts...
Two decades of the electronic commerce law in Colombia
Since 1999, Colombia adopted the United Nations (UNCITRAL) model to regulate Electronic Commerce. In 1999, the strength of digitality in society, in the economy and in the transformation of the State was barely discernible. For the law, achieving an interaction with...
Enajenación indirecta de acciones en Colombia, en vía de reglamentación
El Ministerio de Hacienda ha circulado un proyecto de decreto que reglamenta el artículo 90-3 del Estatuto Tributario (“ET”), que grabó con el impuesto sobre la renta y complementarios la enajenación indirecta de acciones en sociedades, derechos o activos ubicados en...
Trademark Infringement in the Digital Ecosystem
By Daniel Peña Valenzuela INTRODUCTION The trademarks identifying goods and services are the industrial property right most akin to marketing and advertising strategies. Digital marketing has become the new frontier of promotion and the acquisition of new clients. The...
The new Simplified Tax Regime (STR) in Colombia – 2019
A complex tax filing system, the number of taxes imposed on business entities in Colombia and the difficulties in navigating the tax authority’s – DIAN – regulation, are some of the reasons why Colombia has a very high number of informal businesses who prefer to work...
How to succeed with Temporary Import to Colombia through leasing?
This article presents the possibilities and strategies available under Colombian law for the import of equipment. For the purposes of our analysis, we shall take as example the import of equipment aimed at providing a temporary power plant in Colombia (the “Project”)....
Cybersecurity, New Challenge to International Arbitration?
Arbitration is the alternative dispute resolution ADR mechanism preferred by companies for international business transactions in particular when the potential for disputes is expensive and specialized. One of its characteristics is that it brings additional costs...