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Law: Statutory Law 1581 of 2012 (October 17) Which Issues General Provisions for the Protection of Personal Data (only available in Spanish here) ('the Data Protection Law') and Decree 1377 of 2013 (June 27) Which Partially Regulates Law 1581 of 2012 (only available in Spanish here) ('the Decree')

Regulator: Colombian data protection authority ('SIC')

Summary: The Data Protection Law provides the core legal framework for data protection within Colombia in combination with additional supplementary decrees and circulars which provide for the interpretation of the Data Protection Law. Articles 15 and 20 of the Colombian Political Constitution (only available in Spanish here) ('the Constitution') explicitly recognise the right to privacy and the right to data rectification. The SIC currently holds the presidency of the International Consumer Protection and Enforcement Network ('ICPEN') and will remain in this position until July 2020.


Many jurisdictions are increasingly enacting laws and regulations governing how and where data must be stored either within their respective borders or abroad. What has resulted is a constantly evolving network of rules and restrictions for the location of data. In this three-part series, OneTrust DataGuidance provides an overview of key trends in data localisation and data residency, outlining underlining approaches to the same, as well as common trends associated with sector and categories of data.

Decree No. 092 of 2022 ('the Decree') was published, on 24 January 2022, in the Colombian Government Gazette, substantially modifying the structure of the Colombian data protection authority ('SIC') by determining new and more articulated functions of its departments. More specifically, the Decree amended the structure and the tasks of several SIC offices and, among other things, created an additional office called the Directorate of Habeas Data, which will carry out data protection functions inside the SIC. In this insight, OneTrust DataGuidance addresses some of the main provisions of the Decree in this respect.