COLOMBIA Law and Practice Contributed by: Juan Camilo Carrasco, Asensi Abogados
3. Legislative Framework 3.1 Key Legislation
Online The specific legal texts in place and applicable to online gambling activity in Colombia are: • the Gambling Act; • the Online Gaming Regulation (Agreement 8 of 2020 and Agreement 6 of 2023), which modifies the provisions on immediate prize games; • Resolution 2016120025334, which stipulates legal requirements for setting up the conditions and guarantees for applicants, as amended by Resolution 20201000008294, Resolution 2023120001747.4 and Resolution 20250021304; • the technical requirements document, which includes: (a) the technical standards for internet-operated games, amended by the last version on 5 Octo- ber 2022; (b) and the data model internet/internet-operated games, amended by the last version on 5 Octo- ber 2022; and (c) the vault inspection system design reference document, amended by the last version on 5 October 2022; • the data model document, which includes: (a) the XSD file guide (Archivo_Guia.XSD); and (b) the standard procedure for signing, encrypting and compressing XML files in the inspection system; • the Advertising Resolution (Resolution 20231000019054 of 2023); • the Keno Regulation (Agreement 7 of 2024); • the Keno Technical Requirements Annex of 2024; and • Responsible Gaming (Resolution 20244000022654 of 16 October 2024). Both the technical requirements document and the data model document are encompassed within the concession contract as appendices and are therefore contractually binding on the operator. 3.2 Definition of Gambling The Gambling Act defines “games of chance” as games where, in accordance with specific rules pro- vided by the law and regulations, a person acting as a player makes a payment for a bet ‒ or the right to par- ticipate in one ‒ to a legal person acting as an operator
The monopolistic regime in Colombia is set at the con- stitutional level in Article 336 of the Colombian Nation- al Constitution. The National Congress has issued the Gambling Act. The regulatory framework for games of chance is referred to in the following instruments, depending on the regulatory subject matter or its rela- tion thereto. • Specific framework for the monopoly of games of chance: (a) the Gambling Act; (b) Decree 4142 of 2011, whereby Coljuegos was established; (c) Decree 1451 of 2015 – modifies the structure of Coljuegos to specify new functions; (d) Single Regulatory Decree 1068 of 2015 – com- piles norms for the industry; and (e) Law 80 of 1993 – the framework for govern- ment contracts. • Measures against money laundering: (a) Resolution 20195100044514 of 2019 – AML requirements for operators; and (b) Coljuegos Resolution 20215000012784 of May 2021. • Decree 830 of 2021 – expands the list of politically exposed persons (PEPs) and complements the KYC due diligence process. • Resolution 20244000022654 of 2024 – responsible gambling requirements for operators. • Administrative, fiscal and criminal disciplinary framework: (a) the Gambling Act (Articles 43, 44 and 46); (b) Decree 4643 of 2005; and (c) Law 599 of 2000 – the Criminal Code; and (d) Superintendency of Health External Circular 2022151000000053-5 of 2022 – Transparency and Ethics programme. • Punitive administrative procedure: (a) Law 1474 of 2011 (Article 86); (b) Law 1437 of 2011 – the Administrative Code; and (c) Law 1150 of 2007 (Article 17). • Tax framework:
(a) the Tax Statute (Article 420); and (b) the Gambling Act (Article 48).
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