	Latin American Consumer Guide 2024
	Colombia
	(Latin America/Caribbean) Firm Brigard Urrutia Contributors Raul Vargas Estefanía Aldana Maria Clara Calle Johann Schomberger
What is the applicable legal regime addressing consumer protection in your jurisdiction?	In Colombia there is a special regime on consumer protection, contained within the Consumer Statute - Law 1480 of 2011 and other rules that regulate and/or complement it ("CPS").
What is the definition of a consumer?	Article 5, section 3, of the CPS defines the consumer in the following terms: "Any natural or legal person who, as final recipient, acquires, enjoys or uses a certain product, whatever its nature for the satisfaction of an own, private, family or domestic and business need when it is not intrinsically linked to their economic activity. The concept of consumer shall be understood to include the concept of user".
What goods and services are covered by consumer protection legislation in your jurisdiction?	Article 2 CPS establishes that the consumer protection regime applies to all products marketed in national territory (whether domestic or imported) as well as to all services provided in Colombia.
Do the applicable regulations provide a list of consumer rights?	Yes, the CPS provides rights for consumers, as follows: Right to receive quality products: to receive the product in accordance with the conditions established by the legal guarantee, those offered and those customary in the market. Right to safety and indemnity: The right that the products do not cause damage under normal conditions of use and to protection against harmful consequences for the health, life or integrity of consumers. Right to receive information: To obtain complete, truthful, transparent, timely, verifiable, understandable, accurate and suitable information regarding the products offered or put into circulation, as well as on the risks that may arise from their consumption or use, the mechanisms for the protection of their rights and the ways to exercise them. The right to receive protection against misleading advertising. Right to claim: To claim directly before the producer, supplier or provider and to obtain integral, timely and adequate reparation of all damages suffered, as well as to have access to the judicial or administrative authorities for the same purpose, under the terms of this law. Claims may be made personally or through a representative or proxy. Contractual protection: To be protected from abusive clauses in adhesion contracts, under the terms of the present law. Right of choice: To freely choose goods and services. Right to participation: To organize and associate to protect their rights and interests, elect their representatives, participate and be heard by those who perform public functions in the study of legal and administrative decisions that concern them, as well as to obtain a response to their petitions. Right of representation: Consumers have the right to be represented, for the solution of claims on consumption of goods and services, and contraventions to the present law, by their organizations, or the spokespersons authorized by them. Right to inform: Consumers, their organizations and public authorities shall have access to the mass media, to inform, disseminate and educate on the exercise of consumer rights. Right to education: Citizens have the right to receive education on consumer rights, ways to enforce their rights and other related matters. Right to equality: To be treated equally and in a non-discriminatory manner.
Do the applicable regulations provide a list of consumer duties?	Yes, the CPS also provides for the duties of consumers, as follows: To be informed regarding the quality of the products, as well as the instructions provided by the producer or supplier in relation to their proper use or consumption, conservation and installation. To act in good faith before the producers and suppliers and before the public authorities. To comply with the rules on recycling and disposal of waste of consumed goods
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?	No.
Is there any alternative or special regime depending on the type of good or service?	Yes, the CPS contemplates the possibility of applying rules contained in special laws, if any. For example, in the case of public utilities, telecommunication services, sanitary products, automotive products, etc., there are special laws that regulate the subject.
What is the minimum information required to be provided to the consumer with respect to goods?	The instructions for the correct use or consumption, conservation and installation of the product or use of the service; Quantity, weight or volume, in the event of being applicable; the units used must correspond to those established in the International System of Units or to the customary units of measurement; The date of expiration when applicable. In the case of perishable products, the expiration date shall be clearly indicated and without alteration of any kind, on their labels, containers or packaging, in a manner consistent with their size and presentation. The Government shall regulate the matter; The specifications of the good or service. When the competent authority requires particular technical specifications, these shall be contained in the minimum information; Information relating to the guarantees to which the consumer or user is entitled; The price.
Is there a general warranty for products and/or services?	Yes, in Colombia, the LEGAL warranty is established as the minimum term for a given product and shall be established by law or by the competent authority. However, if there is no specific regulation for a product or service, the term indicated by the supplier will be taken. However, if the warranty is not established by the authority, the law or the supplier, the warranty shall be as follows: the warranty shall be for one (1) year for new products; for perishable products, the warranty is until the date of expiration or expiration; and, used products may be sold without warranty, provided that prior information is given; if prior information is not given, the warranty shall be three (3) months. In the case of services involving the delivery of the good, it may be provided without warranty; otherwise, it shall be for three (3) months. With regard to real estate, there are two warranties: one for the stability of the work, which is for ten (10) years; and another for finishes, which is for one (1) year
Are there any products that have a legal warranty different from the general warranty?	Yes, as explained in the previous point, as a general rule the legal warranty is for twelve (12) months, in the absence of a term indicated by the supplier of the product. However, Colombian legislation establishes for certain products a specific type of warranty that is presumed when the supplier has not indicated, such as for example: For flooring, furniture, fixtures, household appliances, motorcycle, and vehicle spare parts, for twelve (12) months. For tires, frames, and lenses, for six (6) months. For footwear, for two (2) months. It is important to indicate that for new vehicles the law establishes a warranty term that the supplier may not agree below. Which is: For private vehicles for twelve (12) months or twenty thousand (20,000) kilometers of travel. For public service vehicles, for six (6) months or fifty thousand (50,000) kilometers of travel. For the other public service vehicles, for four (4) months or twenty thousand (20,000) kilometers of travel. For commercial private vehicles for twelve (12) months or twenty thousand (20,000) kilometers of travel. For motorcycles, scooters and motorcycles for six (6) months from the vehicle to the original purchaser or six thousand (6,000) kilometers.
For what reasons could the consumer initiate a complaint regarding a purchased product or service?	The consumer may file a consumer protection action when he/she observes the breach of consumer rights due to the direct breach of the rules on consumer and user protection, those originating in the application of the contractual protection rules contained in the CPS and in special rules on consumer and user protection; those aimed at achieving the enforcement of a guarantee; those aimed at obtaining the repair of damage caused to goods in the provision of services or due to misleading information or advertising, regardless of the sector of the economy in which the consumer's rights have been breached.
Is there a specific judicial action to resolve lawsuits arising from consumer matters?	Yes, there is a specific action to resolve consumer protection lawsuits, filed before the Superintendence of Industry and Commerce. In this sense, the consumer will have access to an entity specialized in the subject and knowledgeable, which allows a better solution of the controversy presented. Likewise, the terms to resolve the action are shorter than those of the ordinary jurisdiction.
If there is no specific judicial action, how does the consumer make a claim?	N/A
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.	In consumer protection actions, only damages derived from consequential damages may be recognized. Additionally, another type of damages may be claimed only in matters that: seek to obtain compensation for damages caused to goods in connection with the provision of services that involve the delivery of a good and that are regulated in such regulation; seek to obtain compensation for damages caused by misleading information and advertising; seek to obtain compensation for damages caused by non-compliance with rules relating to contractual protection.
Can consumer issues lead to class actions?	Yes.
How often does this occur?	Consumer matters may lead to class actions. The CPS specifically refers to Law 472 of 1998 which regulates popular or group actions, indicating that it will be applied in the relevant events. However, it does not occur very often in Colombia.
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.	Before consumers, the responsibility for the product warranty falls jointly and severally on the respective producers and suppliers. With respect to the carrier, the Superintendence of Industry and Commerce has determined also a jointly and severally responsibility since it participated on the consumer chain, and therefore, we understand that the carrier is part of such solidarity.
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?	Yes, for financial products and services, the Superintendence of Finance of Colombia is the controlling entity in charge of overseeing the protection of financial consumers. For other products and services, the Superintendence of Industry and Commerce of Colombia is the authority in charge of enforcing the special consumer protection regime.
What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment	The Superintendence of Industry and Commerce may impose, after an administrative investigation, the following sanctions: fines up to two thousand (2,000) legal monthly minimum wages in force. Temporary closing of the commercial establishment for up to 180 days; In case of recidivism and according to the seriousness of the offenses, definitive closing of the commercial establishment or the order of definitive withdrawal of a web page portal on the Internet or of the electronic commerce media used; Temporary or definitive prohibition to produce, distribute or offer to the public certain products; Ordering the destruction of a certain product, which is detrimental to the health and safety of consumers. Successive fines up to one thousand (1,000) legal monthly minimum wages in force, for non-observance of orders or instructions while remaining in default. When it is proven that administrators, directors, legal representatives, tax auditors, partners, owners or other natural persons have authorized or executed conducts contrary to consumer regulations, they may be fined up to three hundred (300) legal monthly minimum wages in force at the time of the imposition of the sanction and the prohibition to engage in commerce for up to five (5) years, counted from the enforcement of the sanction.
Does the legal regime regulate safety campaigns or product recalls?	Yes, the recall campaigns and product recalls are regulated by the CPS and the Sole Regulatory Decree of the Commerce, Industry, and Tourism sector (Decree 1074 of 2015). A recall campaign applies when a product is defective, that is when due to an error in the design, manufacture, construction, packaging, or information, it does not offer the reasonable safety to which every person is entitled. This defect can produce an adverse event that threatens the health, life, or safety of people. The recall campaign implies obligations on the producer or importer, distributor, and marketer to inform the Superintendence of Industry and Commerce and consumers about the situation and the corrective measures to be taken. Similarly, in the Product Safety portal of the Superintendence of Industry and Commerce, users can find distributed by various categories, the safety campaigns currently in force, where defective products are listed, and instructions are provided to affected consumers to return the product and request the replacement of the product or the refund of their money. The Superintendence of Industry and Commerce has been very emphatic in emphasizing that the "Recall" is different from the effectiveness of a warranty since the former arises from the report of the defective product by the entrepreneur. It also warns that the failure to report and implement the respective action plan to reach the consumer may result in the sanctions mentioned above in the previous answer.
Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?	Yes, this is only applicable to the automotive industry. Is not mandatory to implement foreign recall campaigns in Colombia concerning goods that are not marketed in the national territory. However, the Superintendence of Industry and Commerce is highly protectionist concerning consumers, especially when it comes to their safety, so when a defective good that despite not being marketed directly in Colombia is used by a Colombian consumer, the Superintendence of Industry and Commerce could order the implementation of a foreign safety campaign to remedy the defect and thus protect the consumer. In addition, it is recommended to comply with the duty of information and report the safety campaign to the Superintendence of Industry and Commerce when the existence of a defect in a good identical or substantially similar to those marketed in Colombia has been reported in another country. Additionally, for vehicles, recall campaigns conducted abroad must be reported to the Superintendence of Industry and Commerce when the brand that conducts the recall commercializes vehicles in Colombia, even if it does not commercialize the reference that is subject to the recall
Are there any special regulations on e-commerce?	Yes, chapter VI of the CPS regulates the protection of e-commerce consumers.
What types of e-commerce platforms are regulated by your legislation? List and define them.	Contact portals: Electronic platform in which natural or legal persons can offer products for commercialization and in turn consumers can contact them through the same mechanism. Marketplace: although the marketplace is presented as a mere intermediation platform for the display of a variety of products similar to a shopping mall, such intermediation is completely blurred if we take into account the high incidence of the marketplace in consumer transactions. Department stores and collaborative economy platforms: The operators of the so-called "collaborative economy platforms" frequently claim recognition of an intermediary role in consumer relations, arguing that their work is limited to the use of technology as a means of bringing people with reciprocal needs closer together, i.e., bringing suppliers of goods and services closer to consumers. However, they omit that their mediating activity has been blurred in such a way that it is possible to notice in their actions characteristics of a supplier, such as habituality, the direct or indirect offering of products and the profit or non-profit motive.
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.	Yes, these additional rights are: Right to retract or regret the purchase. Right to reversal of payment. Right to cancel the transaction before completion. Right to file petitions, complaints or claims through the same means. Right to maintain their privacy.
Is this regime applicable for the purchase and sale of crypto assets?	Yes, in Colombia, there is still no regulation that specifically determines whether it is applicable or not. However, since the CPS does not discriminate to which products and services it applies, but speaks in general terms, it should be understood that it is applicable.
Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?	Yes, influencers must comply in particular with the provisions of the CPS regarding the duty of information and those that refer to advertising. It is important to emphasize that the advertiser (or influencer) will be responsible for the damages caused by misleading advertising in which it participates.
Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?	Yes, in Colombia, a bill is being processed that seeks to expand consumer guarantees in electronic commerce. However, this bill does not imply a drastic change to the consumer protection regime in our country.

Latin American Consumer Guide 2024

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What is the applicable legal regime addressing consumer protection in your jurisdiction?

In Colombia there is a special regime on consumer protection, contained within the Consumer Statute - Law 1480 of 2011 and other rules that regulate and/or complement it ("CPS").

What is the definition of a consumer?

Article 5, section 3, of the CPS defines the consumer in the following terms: "Any natural or legal person who, as final recipient, acquires, enjoys or uses a certain product, whatever its nature for the satisfaction of an own, private, family or domestic and business need when it is not intrinsically linked to their economic activity. The concept of consumer shall be understood to include the concept of user".

What goods and services are covered by consumer protection legislation in your jurisdiction?

Article 2 CPS establishes that the consumer protection regime applies to all products marketed in national territory (whether domestic or imported) as well as to all services provided in Colombia.

Do the applicable regulations provide a list of consumer rights?

Yes, the CPS provides rights for consumers, as follows:

Right to receive quality products: to receive the product in accordance with the conditions established by the legal guarantee, those offered and those customary in the market.
Right to safety and indemnity: The right that the products do not cause damage under normal conditions of use and to protection against harmful consequences for the health, life or integrity of consumers.
Right to receive information: To obtain complete, truthful, transparent, timely, verifiable, understandable, accurate and suitable information regarding the products offered or put into circulation, as well as on the risks that may arise from their consumption or use, the mechanisms for the protection of their rights and the ways to exercise them.
The right to receive protection against misleading advertising.
Right to claim: To claim directly before the producer, supplier or provider and to obtain integral, timely and adequate reparation of all damages suffered, as well as to have access to the judicial or administrative authorities for the same purpose, under the terms of this law. Claims may be made personally or through a representative or proxy.
Contractual protection: To be protected from abusive clauses in adhesion contracts, under the terms of the present law.
Right of choice: To freely choose goods and services.
Right to participation: To organize and associate to protect their rights and interests, elect their representatives, participate and be heard by those who perform public functions in the study of legal and administrative decisions that concern them, as well as to obtain a response to their petitions.
Right of representation: Consumers have the right to be represented, for the solution of claims on consumption of goods and services, and contraventions to the present law, by their organizations, or the spokespersons authorized by them.
Right to inform: Consumers, their organizations and public authorities shall have access to the mass media, to inform, disseminate and educate on the exercise of consumer rights.
Right to education: Citizens have the right to receive education on consumer rights, ways to enforce their rights and other related matters.
Right to equality: To be treated equally and in a non-discriminatory manner.

Do the applicable regulations provide a list of consumer duties?

Yes, the CPS also provides for the duties of consumers, as follows:

To be informed regarding the quality of the products, as well as the instructions provided by the producer or supplier in relation to their proper use or consumption, conservation and installation.
To act in good faith before the producers and suppliers and before the public authorities.
To comply with the rules on recycling and disposal of waste of consumed goods

Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?

No.

Is there any alternative or special regime depending on the type of good or service?

Yes, the CPS contemplates the possibility of applying rules contained in special laws, if any. For example, in the case of public utilities, telecommunication services, sanitary products, automotive products, etc., there are special laws that regulate the subject.

What is the minimum information required to be provided to the consumer with respect to goods?

The instructions for the correct use or consumption, conservation and installation of the product or use of the service;
Quantity, weight or volume, in the event of being applicable; the units used must correspond to those established in the International System of Units or to the customary units of measurement;
The date of expiration when applicable. In the case of perishable products, the expiration date shall be clearly indicated and without alteration of any kind, on their labels, containers or packaging, in a manner consistent with their size and presentation. The Government shall regulate the matter;
The specifications of the good or service. When the competent authority requires particular technical specifications, these shall be contained in the minimum information;
Information relating to the guarantees to which the consumer or user is entitled;
The price.

Is there a general warranty for products and/or services?

Yes, in Colombia, the LEGAL warranty is established as the minimum term for a given product and shall be established by law or by the competent authority. However, if there is no specific regulation for a product or service, the term indicated by the supplier will be taken. However, if the warranty is not established by the authority, the law or the supplier, the warranty shall be as follows:

the warranty shall be for one (1) year for new products;
for perishable products, the warranty is until the date of expiration or expiration;
and, used products may be sold without warranty, provided that prior information is given; if prior information is not given, the warranty shall be three (3) months.
In the case of services involving the delivery of the good, it may be provided without warranty; otherwise, it shall be for three (3) months.
With regard to real estate, there are two warranties: one for the stability of the work, which is for ten (10) years; and another for finishes, which is for one (1) year

Are there any products that have a legal warranty different from the general warranty?

Yes, as explained in the previous point, as a general rule the legal warranty is for twelve (12) months, in the absence of a term indicated by the supplier of the product. However, Colombian legislation establishes for certain products a specific type of warranty that is presumed when the supplier has not indicated, such as for example:

For flooring, furniture, fixtures, household appliances, motorcycle, and vehicle spare parts, for twelve (12) months.
For tires, frames, and lenses, for six (6) months.
For footwear, for two (2) months.
It is important to indicate that for new vehicles the law establishes a warranty term that the supplier may not agree below. Which is:
1. For private vehicles for twelve (12) months or twenty thousand (20,000) kilometers of travel.
2. For public service vehicles, for six (6) months or fifty thousand (50,000) kilometers of travel.
3. For the other public service vehicles, for four (4) months or twenty thousand (20,000) kilometers of travel.
4. For commercial private vehicles for twelve (12) months or twenty thousand (20,000) kilometers of travel.
5. For motorcycles, scooters and motorcycles for six (6) months from the vehicle to the original purchaser or six thousand (6,000) kilometers.

For what reasons could the consumer initiate a complaint regarding a purchased product or service?

The consumer may file a consumer protection action when he/she observes the breach of consumer rights due to the direct breach of the rules on consumer and user protection, those originating in the application of the contractual protection rules contained in the CPS and in special rules on consumer and user protection; those aimed at achieving the enforcement of a guarantee; those aimed at obtaining the repair of damage caused to goods in the provision of services or due to misleading information or advertising, regardless of the sector of the economy in which the consumer's rights have been breached.

Is there a specific judicial action to resolve lawsuits arising from consumer matters?

Yes, there is a specific action to resolve consumer protection lawsuits, filed before the Superintendence of Industry and Commerce. In this sense, the consumer will have access to an entity specialized in the subject and knowledgeable, which allows a better solution of the controversy presented. Likewise, the terms to resolve the action are shorter than those of the ordinary jurisdiction.

If there is no specific judicial action, how does the consumer make a claim?

N/A

What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.

In consumer protection actions, only damages derived from consequential damages may be recognized. Additionally, another type of damages may be claimed only in matters that:

seek to obtain compensation for damages caused to goods in connection with the provision of services that involve the delivery of a good and that are regulated in such regulation;
seek to obtain compensation for damages caused by misleading information and advertising;
seek to obtain compensation for damages caused by non-compliance with rules relating to contractual protection.

Can consumer issues lead to class actions?

Yes.

How often does this occur?

Consumer matters may lead to class actions. The CPS specifically refers to Law 472 of 1998 which regulates popular or group actions, indicating that it will be applied in the relevant events. However, it does not occur very often in Colombia.

Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.

Before consumers, the responsibility for the product warranty falls jointly and severally on the respective producers and suppliers. With respect to the carrier, the Superintendence of Industry and Commerce has determined also a jointly and severally responsibility since it participated on the consumer chain, and therefore, we understand that the carrier is part of such solidarity.

Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?

Yes, for financial products and services, the Superintendence of Finance of Colombia is the controlling entity in charge of overseeing the protection of financial consumers.

For other products and services, the Superintendence of Industry and Commerce of Colombia is the authority in charge of enforcing the special consumer protection regime.

What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment

The Superintendence of Industry and Commerce may impose, after an administrative investigation, the following sanctions:

fines up to two thousand (2,000) legal monthly minimum wages in force.
Temporary closing of the commercial establishment for up to 180 days;
In case of recidivism and according to the seriousness of the offenses, definitive closing of the commercial establishment or the order of definitive withdrawal of a web page portal on the Internet or of the electronic commerce media used;
Temporary or definitive prohibition to produce, distribute or offer to the public certain products;
Ordering the destruction of a certain product, which is detrimental to the health and safety of consumers.
Successive fines up to one thousand (1,000) legal monthly minimum wages in force, for non-observance of orders or instructions while remaining in default.
When it is proven that administrators, directors, legal representatives, tax auditors, partners, owners or other natural persons have authorized or executed conducts contrary to consumer regulations, they may be fined up to three hundred (300) legal monthly minimum wages in force at the time of the imposition of the sanction and the prohibition to engage in commerce for up to five (5) years, counted from the enforcement of the sanction.

Does the legal regime regulate safety campaigns or product recalls?

Yes, the recall campaigns and product recalls are regulated by the CPS and the Sole Regulatory Decree of the Commerce, Industry, and Tourism sector (Decree 1074 of 2015).

A recall campaign applies when a product is defective, that is when due to an error in the design, manufacture, construction, packaging, or information, it does not offer the reasonable safety to which every person is entitled. This defect can produce an adverse event that threatens the health, life, or safety of people.

The recall campaign implies obligations on the producer or importer, distributor, and marketer to inform the Superintendence of Industry and Commerce and consumers about the situation and the corrective measures to be taken.

Similarly, in the Product Safety portal of the Superintendence of Industry and Commerce, users can find distributed by various categories, the safety campaigns currently in force, where defective products are listed, and instructions are provided to affected consumers to return the product and request the replacement of the product or the refund of their money.

The Superintendence of Industry and Commerce has been very emphatic in emphasizing that the "Recall" is different from the effectiveness of a warranty since the former arises from the report of the defective product by the entrepreneur. It also warns that the failure to report and implement the respective action plan to reach the consumer may result in the sanctions mentioned above in the previous answer.

Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?

Yes, this is only applicable to the automotive industry. Is not mandatory to implement foreign recall campaigns in Colombia concerning goods that are not marketed in the national territory.

However, the Superintendence of Industry and Commerce is highly protectionist concerning consumers, especially when it comes to their safety, so when a defective good that despite not being marketed directly in Colombia is used by a Colombian consumer, the Superintendence of Industry and Commerce could order the implementation of a foreign safety campaign to remedy the defect and thus protect the consumer.

In addition, it is recommended to comply with the duty of information and report the safety campaign to the Superintendence of Industry and Commerce when the existence of a defect in a good identical or substantially similar to those marketed in Colombia has been reported in another country.

Additionally, for vehicles, recall campaigns conducted abroad must be reported to the Superintendence of Industry and Commerce when the brand that conducts the recall commercializes vehicles in Colombia, even if it does not commercialize the reference that is subject to the recall

Are there any special regulations on e-commerce?

Yes, chapter VI of the CPS regulates the protection of e-commerce consumers.

What types of e-commerce platforms are regulated by your legislation? List and define them.

Contact portals: Electronic platform in which natural or legal persons can offer products for commercialization and in turn consumers can contact them through the same mechanism.
Marketplace: although the marketplace is presented as a mere intermediation platform for the display of a variety of products similar to a shopping mall, such intermediation is completely blurred if we take into account the high incidence of the marketplace in consumer transactions.
Department stores and collaborative economy platforms: The operators of the so-called "collaborative economy platforms" frequently claim recognition of an intermediary role in consumer relations, arguing that their work is limited to the use of technology as a means of bringing people with reciprocal needs closer together, i.e., bringing suppliers of goods and services closer to consumers. However, they omit that their mediating activity has been blurred in such a way that it is possible to notice in their actions characteristics of a supplier, such as habituality, the direct or indirect offering of products and the profit or non-profit motive.

Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.

Yes, these additional rights are:

Right to retract or regret the purchase.
Right to reversal of payment.
Right to cancel the transaction before completion.
Right to file petitions, complaints or claims through the same means.
Right to maintain their privacy.

Is this regime applicable for the purchase and sale of crypto assets?

Yes, in Colombia, there is still no regulation that specifically determines whether it is applicable or not. However, since the CPS does not discriminate to which products and services it applies, but speaks in general terms, it should be understood that it is applicable.

Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?

Yes, influencers must comply in particular with the provisions of the CPS regarding the duty of information and those that refer to advertising. It is important to emphasize that the advertiser (or influencer) will be responsible for the damages caused by misleading advertising in which it participates.

Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?

Yes, in Colombia, a bill is being processed that seeks to expand consumer guarantees in electronic commerce. However, this bill does not imply a drastic change to the consumer protection regime in our country.

Latin American Consumer Guide 2024

Colombia

Latin American Consumer Guide 2024

Colombia

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