Why Data Privacy Compliance Matters in Colombia
Colombia’s Ley 1581 de 2012 created one of the most established data privacy frameworks in Latin America. The Superintendencia de Industria y Comercio (SIC) oversees compliance and has become an active regulator, issuing more than 700 decisions since the law was passed. In recent years, the SIC has handled an average of 56 claims per year—often involving major global companies such as WhatsApp, Zoom, and Facebook.
The risks for businesses are significant. The SIC can impose fines of up to 2,000 minimum monthly salaries (about $700,000), order the temporary or permanent closure of a business, or suspend processing activities for up to six months. Beyond regulatory action, individuals also have a private right of action, meaning they can sue a company directly for violations.
For organizations handling the personal data of Colombian residents, compliance is not only a legal requirement but also a matter of protecting reputation and customer trust. With active enforcement already in place, businesses need to take Ley 1581 seriously.
About Ley 1581 in Colombia
Ley 1581 gives Colombian residents a wide range of rights over their personal data, including:
-
Right to Be Informed – Individuals must know how their data will be collected and used.
-
Right to Access and Portability – Consumers can request disclosure of their data and receive it in a portable format.
-
Right to Correct – Inaccurate or incomplete data must be corrected.
-
Right to Delete – Individuals may request deletion of their personal information.
-
Right to Revoke Consent – Consumers can withdraw consent for processing at any time.
-
Right to Opt-Out of Direct Marketing – Prevents companies from using personal data for marketing without permission.
-
Right to File Complaints with the SIC – Individuals can turn to the regulator if they believe their rights are being violated.
-
Right Regarding Automated Decisions – People cannot be subject to purely automated decisions that significantly affect them without human review.
To comply, companies must:
-
Obtain express and informed consent before processing data (unless another legal basis applies).
-
Implement security measures to protect personal data.
-
Ensure data is accurate, complete, and updated through regular quality checks.
-
Respond to data subject requests within legal deadlines.
-
Publish privacy notices and maintain internal privacy policies.
-
Keep a registry of all processing activities.
-
Train staff on privacy responsibilities and use NDAs where appropriate.
-
Perform due diligence and create contracts with third parties who process data on the company’s behalf.
The SIC has also clarified compliance expectations through notable enforcement actions. For example:
-
WhatsApp (2021): Sanctioned for failing to provide a privacy notice.
-
Rappi (2021): Penalized for lacking a mechanism to delete personal data on request.
-
Claro (2023): Fined for using data for purposes not included in its privacy notice.
These rulings show how seriously the regulator enforces the law and why businesses cannot afford to treat privacy compliance as optional.
How Our Data Privacy Consulting Services Help You Comply in Colombia
Drafting privacy notices and website privacy policies tailored to your operations.
Conducting audits of your existing privacy framework and delivering mitigation plans for gaps.
Training your workforce on Colombian privacy obligations and best practices.
Helping you design consent strategies that ensure valid, informed consent from data subjects.
At Oso, we design privacy solutions that fit your business while ensuring alignment with Ley 1581. Our goal is to make compliance practical, not overwhelming. We provide a range of services that cover every major requirement of the law, including:
Creating and implementing governance documents, such as internal privacy policies, processing activity templates, and provider contracts.
Supporting the design of a third-party risk management program that works for your organization.
Our Approach & Process
We believe effective compliance starts with understanding your business and building a plan that reflects reality. Every engagement begins with a review of your current practices and goals.
-
If you already have a program in place: We review what exists, identify weaknesses, and design a plan to improve it. You’ll get a prioritized roadmap covering short-, medium-, and long-term improvements.
-
If you’re starting from scratch: We perform a gap analysis, compare your current practices with Ley 1581 requirements, and design a full program to bring you into compliance. This includes drafting documents, designing processes, and training staff.
-
If you only need a single document: Even then, we meet with you first to understand your data practices. That way, your new privacy policy or notice reflects your actual operations rather than generic boilerplate.
No matter your starting point, our approach ensures you end up with a privacy program that is legally compliant, practical for your business, and trusted by your customers.
Why Choose Oso
At Oso, we don’t believe in one-size-fits-all compliance. Every company has different risks, systems, and customers, and we build our work around that reality. Our deliverables and training are tailored to your business so they actually work in practice—not just on paper.
We’re also fully bilingual, which is an important advantage for companies in Colombia that serve both Spanish- and English-speaking customers. And with years of experience supporting Colombian organizations, we understand how the SIC enforces Ley 1581 in real-world cases.
That gives us the insight to prepare your company for compliance and avoid the mistakes that have cost others in fines and reputational damage.
Common Questions (FAQ)
Do I need a cookie banner if my website is visited by Colombian residents?
Yes. Cookies and other tracking technologies process personal information, and the SIC has fined companies that fail to use cookie banners or provide cookie management options.
Do I need consent before processing personal information?
In most cases, yes. Consent is the primary legal basis for processing under Ley 1581. There are limited exceptions, but businesses should assume consent is required.
Can I share customer information with third parties?
Yes, but only if the customer has consented to that processing activity. You must also have proper contracts in place with your providers.
Do I need to notify authorities of data breaches?
Yes. Data controllers must notify the SIC as well as the affected individuals if a breach occurs.
CONTACT
Let’s Get Started – Schedule a Free Consultation
Fill out our form and we’ll get back to you within 48 hours to schedule a consultation tailored to your Colombian data privacy needs.