COLOMBIA Law and Practice Contributed by: Maria Carolina Pardo, Ciro Meza, Angélica Navarro and Carlos Ignacio Arboleda, Baker McKenzie
action or deployment with 300,000 or more users or customers located in Colombian territory during the previous or current taxable year; or • the person or entity not domiciled in the country maintains the possibility of viewing prices in Colombian pesos or allows payment therein. Only the following activities and digital servic - es provided from abroad are captured by SEP measures: • online advertising services; • digital services, whether online or download - able, including mobile applications, e-books, music and movies; • free streaming services including television programmes, movies, music, multimedia, podcasts and any other form of digital con - tent; • any form of monetisation of the information and/or data of users located in the national territory generated by the activity of said users in the digital market; • the online services of intermediary’s plat - forms; • digital subscriptions to audiovisual media including, among other types, news, maga - zines, newspapers, music, videos and games of any kind; • the administration or management of elec - tronic data including web storage, online data storage, file sharing services or cloud storage; • the use or licensing of standardised or automated online search engines, including custom software; • the provision of the right to use or exploit intangibles; • other electronic or digital services for users located in the national territory; and
• any other service provided through a digital market for users located in the national terri - tory. 6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements In Colombia, the scope of local telecommunica - tions rules encompasses a wide range of tech - nologies and services, and includes companies offering telecommunication networks and tele - communication services ( proveedores de redes y servicios de telecomunicaciones ; PRSTs). These include traditional telecommunications activities such as fixed and mobile telephony, internet ser - vices and broadcasting, as well as newer tech - nologies like voice over Internet Protocol (VoIP), satellite communications and various forms of data transmission and processing. The primary legal framework governing these services is established by Law 1341 of 2009, which was updated by Law 1978 of 2019 to modernise the telecommunications sector. Supply of telecommunications networks is defined in local regulations as the supply to third parties of nodes and links, whether physi - cal, optical or digital, that allow the sending, transmitting or receiving of any kind of informa - tion. Supply of telecommunications services is defined as the supply to third parties of services that allow the sending, transmitting or receiving of any kind of information through telecommuni - cations networks, whether proprietary or owned by a third party. Colombian telecommunications regulations require that all PRSTs register in the ITC regis - try managed by the ITC Ministry. This registra - tion enables the general provision of telecom -
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