COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
sponsor or any other party from suffering the effects of an illegal ambush marketing campaign.
tion applies regardless of whether the influencer iden - tifies him/herself as such; the relevant issue is the role they fulfil. An influencer may be held responsible as an advertiser or as a media channel, depending on their relation - ship with the manufacturer and the way in which the advertisement is presented. 5.5.2 Advertiser Liability for Influencer Content The advertiser can be held liable for content posted by its influencers. The advertiser has a duty to monitor its influencers. If an influencer does not properly disclose their relationship with the advertiser, they can also be held liable. The possible sanctions are as follows: • fines of up to 2,000 times the monthly legal mini - mum wage at the time of imposition of the sanction (approximately USD695,000); • temporary closure of the commercial establish - ment (for up to 180 days) – this also applies to the establishment’s website and app; and • in case of reoccurrence, and depending on the gravity of the offences, permanent closure of the commercial establishment or a final order of removal of the website, app or internet portal. 5.5.3 Consumer Reviews Any consumer that reviews a good or service can be jointly and severally liable for their claims or opinions if advertising rules are breached. It must be clear as to whether the review is an endorsement, an independ - ent opinion, a belief or an experience. If there is no relationship between the parties, the advertiser cannot be liable for consumer reviews.
5. Social/Digital Media 5.1 Special Rules Applicable to Social Media There are no special rules pertaining to the use of social media for advertising; the general rules of advertising apply. 5.2 Liability for Third-Party Content The advertiser is responsible for all the content uploaded to its page. Liability is based on whether it is possible for the advertiser to control the content and whether it takes the necessary measures to avoid such content being posted on its page. 5.3 Disclosure Requirements For online disclosures and disclosures in social media, as per the Guide, the following words can be used, with or without the hashtag label, to indicate the name of the brand or the account of the promoter: publicidad (advertising), promocionado por (promoted by), aviso promocionado (promoted ad), contenido promocio‑ nado (promoted content), contenido publicitario (advertising content), patrocinado (sponsored) and/or patrocinado por (sponsored by). 5.4 Requirements for Use of Social Media Platforms There are no unique rules or regulations that apply to the use of any of the major social media platforms in Colombia, and there is no ban on any social media platform in Colombia; they are all freely accessible. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns As noted in 5.3 Disclosure Requirements , the Colom- bian Consumer Protection Authority issued the Guide, according to which an influencer can be understood as a person who, through social networks and/or interactive digital platforms, has achieved/built cred - ibility, trust and a recognisable image – by sharing their daily life, interests and experiences with an online community – that allows them to influence, affect or motivate consumers’ behaviour. The foregoing defini -
6. Privacy and Advertising 6.1 Email Marketing
Email marketing is not permissible without express prior authorisation from the consumer, and the pro - moter must retain proof of the consumer’s authorisa - tion to allow verification before the authority. Moreo - ver, any database that includes the private information of consumers must be registered before the Superin - tendence of Industry and Commerce.
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