TMT 2025

COLOMBIA Law and Practice Contributed by: Maria Carolina Pardo, Ciro Meza, Angélica Navarro and Carlos Ignacio Arboleda, Baker McKenzie

In Colombia, a digital signature is recognised as having the same legal effects as an autograph or handwritten signature for all types of administra - tive, civil and judicial procedures. For a digital signature to be considered valid, it must meet at least the following requirements: • it must be possible to uniquely identify the person responsible for the signature; • it must be possible to verify the authenticity of the signature at any time; • the signature must be under the exclusive control of the person using it; and • the signature must be linked to the signed document in such a way that any subsequent modification to the document will invalidate the signature. According to Article 10 of Law 1554 of 2012, all companies whose economic activity is classed as the manufacture or importation of video games must submit a request for qualification before the Committee for the Promotion, Clas- sification and Monitoring of the Use of Video Games in order to obtain a classification. Once obtained, companies must clearly, expressly and legibly indicate the classification on the front of the packaging of the video game. This law has established two different classifica - tions: • open-circulation video games – includes i) educational entertainment; ii) sports; iii) com - petitions involving real or fictitious vehicles; iv) informative games; and v) situations of a “fantastic nature”. 9. Gaming Industry 9.1 Regulations

• restricted-circulation video games – such games have an age classification of over 18 years because they “apologise for”, make reference to or depict i) obscene language; ii) nudity, sex or sexuality, iii) alcoholic drinks; iv) illegal drugs; v) tobacco products; vi) discrim - ination of any kind; vii) violence, bloodshed, weapons, human injury or death; or viii) bets involving money or property. Although the regulation establishes that it is mandatory to make a request to the Committee for the Promotion, Classification and Monitor - ing of the Use of Video Games for a video game rating, there is no provision that establishes the procedure for making such a request. In prac - tice, games use the Entertainment Software Rat - ing Board (ESRB) classification system. Furthermore, as the only requirement to file a request is to commercialise, distribute, sell or lease video games in Colombia, Law 1554 of 2012 does not prevent foreign companies from requesting a video game rating. 9.2 Regulatory Bodies The regulation of the gaming industry is in the hands of Congress, although it has only issued Law 1554 of 2012. According to this law, the overseeing authority of the gaming industry is the Committee for the Promotion, Classification and Monitoring of the Use of Video Games, com - prising the following representatives: • the departmental, district or municipal secre - tary of government; • the director of the Colombian Institute of Family Welfare, or his or her delegate; • two representatives of the Colombian Nation - al Society of Psychology; • two representatives of the Parents’ Associa - tion;

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