COLOMBIA Trends and Developments Contributed by: Juan Camilo Carrasco and Juliana Duque, Asensi Abogados
the land-based nature of these operations and distin- guishing them from online gaming activities. The regulation introduces new technical and opera- tional standards, including stricter requirements for software certification, real-time connectivity with the central system, and traceability of simulated events. These measures aim to strengthen supervision, pre- vent manipulation and ensure transparency, although they also entail significant adjustments for operators already working under the previous regulatory frame- work. Contractual and financial guarantees On 23 September 2025, Coljuegos issued Resolu- tion No 20250021304, which amended Resolution No 20161200025334 of 2016 to introduce new rules on coverage for the payment of prizes and the reim- bursement of player funds in the operation of inter- net-based games. The update broadens the scope of the Performance Guarantee, expressly incorporating these coverages within the contractual framework. The regulation expands the available guarantee mech- anisms, allowing the use of insurance policies as a valid alternative alongside fiduciary mandates and bank guarantees. Each instrument has specific super- vision, rating, and fund availability requirements aimed at strengthening the security of player resources and the stability of the system. In addition, the change of guarantee modality during the execution of the contract is permitted, subject to prior approval by Coljuegos and the entry into force of the new instrument. Although the Resolution authoris- es the application of these modalities to existing con- tracts, providing flexibility for operators, in practice insurers often require cash-backed deposits, which partially limits the expected financial benefit. Judicial police unit of Coljuegos On 6 October 2025, Coljuegos published Resolu- tion No 20250022644, creating the judicial police unit attached to the entity. This specialised unit aims to strengthen the monitoring, control, and inspec- tion functions of the sector and to combat the illegal operation of games of chance through collaboration with judicial authorities.
The regulation authorises the unit to carry out investi- gative and technical activities, including the identifica- tion, collection, preservation, and analysis of physical or material evidence in investigations against illegal operators. It also defines the procedure for initiating judicial police actions and establishes mechanisms of co-ordination with other competent authorities. Key Trends for 2026 Based on the recent behaviour of the regulator, the change of government expected in August 2026, and the evolution of the fiscal agenda, the coming year is expected to bring regulatory and operational adjust- ments. The focus will remain on combating illegal- ity, issuing a new technical inspection regulation for online games, and developing fiscal measures aimed at sustainability and formalisation, among other areas. Regulation to combat illegality The regulator has been consistent in its public com- munications regarding the fight against illegal gam- ing, and it is likely that in the months leading up to August 2026, operational inspections of land-based establishments will intensify, agreements with local authorities will be strengthened to curb unauthorised operations, and a public communication strategy will continue in this area. While efforts to combat illegality are commendable, concerns remain about the legal and technical rigour applied by the regulator in issuing rules on this matter during the first half of 2026. For instance, although Article 9 of Decree 1278 of 2014 granted Coljuegos judicial police powers, these were limited to the land- based segment. The recent regulation did not make this distinction and implicitly extended its scope to the entire sector, which may give rise to questions regarding the principle of legality. The regulation also fails to demonstrate effective coor- dination with the Office of the Attorney General, nor does it establish joint procedural mechanisms, raising concerns about compliance with due process guaran- tees in ongoing investigations. All these elements suggest that the new government and the regulator will need to review the legality and technical soundness of the current provisions to avoid
139 CHAMBERS.COM
Powered by FlippingBook