COLOMBIA Law and Practice Contributed by: Maria Carolina Pardo, Ciro Meza, Angélica Navarro and Carlos Ignacio Arboleda, Baker McKenzie
munications services in the country. If a PRST also plans to make use of the spectrum in the provision of its telecommunication services, a specific authorisation must be obtained through an application to the ITC Ministry in accordance with the technical requirements and specifica - tions set forth in Resolution 376 of 2022 of the ITC Ministry. The regulation does not require specific security standards to be met by PRSTs; it only describes a general mandate to ensure digital security. 6.2 Net Neutrality Regulations In Colombia, net neutrality is governed by Law 1450 of 2011 (National Development Plan 2010– 14), which introduced the principle of net neu - trality, and Resolution 3502 of 2011 issued by the CRC. Net neutrality regulations in Colombia require internet service providers (ISPs) to treat all inter - net traffic equally, without discrimination, restric - tion or interference, regardless of the sender, receiver, content, application or service. ISPs must provide clear and detailed information to consumers about their internet service plans, including any traffic management practices and their impact on service quality. Additionally, ISPs are mandated to ensure a minimum quality of service for all users, preventing practices that could degrade or impair internet access. Users have the right to access, use, send, receive or offer any content, application or service over the internet, as long as it is legal. The impact of the application of this mandate is not yet known, as there is no relevant case law related to net neutrality. The studies conducted so far by the CRC have focused on the applica - tion of this principle through the apps included in mobile service plans (such as those of social
media platforms and streaming platforms, and messaging apps). However, such studies have only been done as part of sectorial studies, not as part of investigations. 6.3 Emerging Technologies The deployment of 5G and IoT technologies requires compliance with new and evolving reg - ulations, including spectrum allocation licences and infrastructure sharing among TMT service providers. The auction for TMT operators for the deployment of 5G technology began at the end of 2023 and involves significant infrastructure investment commitments over the next 10 years. AI integration further complicates the land - scape. In Colombia, External Opinion No 002 of 2024, issued by the SIC, provides orders on the processing of personal data in AI systems, which includes the obligation to perform a per - sonal data impact assessment and an evaluation regarding the mitigation of the risks identified. The Opinion also states that publicly accessi - ble information is not, per se, public data. Thus, personal data administrators may not process private, semiprivate or sensitive data available online without the data subject’s prior, explicit and informed consent. 7. Challenges with Technology Agreements 7.1 Legal Framework Challenges Organisations entering into technology agree - ments in Colombia must comply with the general regulation on data protection laws, cybersecurity requirements and sector-specific regulations if they are to be considered PRSTs. Based on the foregoing, explicit informed con - sent is required prior to the processing (including
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