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[null,"Prepared By:","Contributors:"]
[null,"Brigard Urrutia","Carlos Umana"]
[]
[]
[]
["AI Legislative Guide"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

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["Question","Colombia"]
["Overview"]
["Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?\n\n*Please note that EU rules are applicable in all EU Member States*"," Yes. These include:  \n \n OECD Principles on AI - 2019 \n CONPES 3975 of 2019 \n Colombia's National Digital Strategy 2023 - 2026 \n Roadmap for the Development and Application of Artificial Intelligence in Colombia of 2024  \n External Circular No. 2 of 2024 \n Agreement PCSJA24-12243 of 2024 \n CONPES 4144 of 2025 \n Decision 351 Andean Community  \n Decision  T-067/25 \n Bill 42 of 2025  \n Bill 43 of 2025 \n "]
["Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.\n\n*Please note that EU rules are applicable in all EU Member States*"," \n The OECD Council recognizes the transformative global impact of artificial intelligence on society, the economy, and employment, and its potential to advance human well-being, innovation, and sustainable development. It emphasizes the need for ethical and legal frameworks rooted in human rights, democratic values, and international standards. In response to the rapid evolution of AI, the Council promotes a human-centered policy approach based on trust, transparency, accountability, and inclusivity. Key principles include respecting the rule of law, ensuring transparency and explainability, designing robust and safe systems, and maintaining clear accountability throughout the AI lifecycle. The Recommendation also calls for investment in AI R&D, the development of inclusive digital ecosystems, agile and interoperable regulation, workforce preparation, and international cooperation to ensure trustworthy, equitable, and sustainable AI adoption globally. \n CONPES 3975 of 2019: The CONPES 3975 document outlines Colombia's national policy for digital transformation and artificial intelligence (AI), aiming to harness digital technologies to generate economic and social value, enhance productivity, and improve citizen well-being. It recognizes the central role of digital transformation in the Fourth Industrial Revolution (4IR) and emphasizes reducing barriers to technology adoption in public and private sectors, promoting digital innovation, developing human capital, and preparing the country for the societal changes brought by AI. The policy sets strategic objectives across sectors and highlights the importance of inclusive access to digital tools, fostering innovation ecosystems, and ethical development of AI. \n Colombia's National Digital Strategy 2023 - 2026: The National Digital Strategy of Colombia 2023–2026 (END 2023–2026) presents a comprehensive vision for the country’s digital transformation, aligned with the National Development Plan 2022–2026. It aims to strengthen the access, use, and appropriation of data and digital technologies across government, society, and the economy. The strategy focuses on human-centered, inclusive, and sustainable digital development to address Colombia's economic, social, and environmental challenges. Structured around eight strategic pillars—including connectivity, data usage, digital trust, digital skills, and notably artificial intelligence and emerging technologies—the document highlights AI's role in generating social and economic value. It promotes AI adoption within a broader framework of digital public services, digital economy, and societal inclusion. By 2026, the strategy seeks measurable progress in digital capabilities while coordinating with existing long-term policies to ensure effective implementation. \n Roadmap for the Development and Application or Artificial Intelligence in Colombia of 2024: A strategic roadmap that emphasizes ethical and sustainable adoption. The framework is built on international principles from organizations such as the OECD and UNESCO, focusing on transparency, privacy, non-discrimination, accountability, and human oversight. Legislation and guidance promote innovation by supporting regulatory sandboxes, flexible data governance, and collaboration between government, industry, and academia. At the same time, they require robust ethical standards, risk assessments, and protection of fundamental rights, including data privacy and fairness.  \n External Circular No. 2 of 2024: Colombia’s 2024 guidance on AI and data protection requires all AI systems processing personal data to comply with strict privacy laws (Laws 1581/2012 and 1266/2008). Key principles include accountability, privacy by design, risk management, and mandatory impact assessments. Legislators demand that AI projects justify data use as necessary, proportionate, and reasonable, and that they implement technical and organizational safeguards to prevent misuse or unauthorized access. \n Agreement PCSJA24-12243, issued by the Superior Council of the Judiciary of Colombia:   Establishes comprehensive guidelines for the ethical, responsible, and safe use of artificial intelligence (AI) in the judicial sector. Its main objective is to regulate the use of AI to improve access to justice, transparency, efficiency, and communication, and to support administrative and judicial processes. The agreement emphasizes that all use of AI must be supervised by human officials, ensuring the protection of fundamental rights, data privacy, and the prevention of bias or errors. The guidelines also require transparency, ongoing training, and strict control over the use of generative AI tools, especially in activities that could affect judicial decisions, to maximize benefits and mitigate potential risks. \n Colombia’s National Artificial Intelligence Policy (2025) establishes six strategic pillars:   Ethics and governance, infrastructure and data, research and innovation, digital talent, risk management, and AI adoption. It mandates ethical, transparent, and inclusive AI aligned with OECD and UNESCO principles. The policy prioritizes building local technical and social capacity, closing digital gaps, and including vulnerable groups. It introduces formal, participatory governance and regular legal updates. Risk mitigation covers privacy, security, labor, and environmental impacts. The approach seeks to maximize AI’s benefits for productivity and problem-solving, while enforcing safeguards for rights, equity, and sustainability. The policy is collaborative, adaptive, and aims to make Colombia a responsible AI leader. \n Decision 351 Andean Community:   Establishes a unified copyright and neighboring rights regime for member countries, covering literary, artistic, and scientific works, including computer programs and databases. It grants authors and rights holders strong moral and economic rights, with protection lasting at least the author’s life plus 50 years. \n Decision T-067/25 of the Colombian Constitutional Court:   Is a relevant milestone in the regulation of the use of artificial intelligence (AI) and algorithmic systems in the public sector. It ruled on the tutela action filed by a citizen who requested access to the source code of the CoronApp application, used during the COVID-19 pandemic to manage the sensitive data of millions of Colombians. The Court found that state entities violated the fundamental right of access to public information by denying the delivery of the source code without demonstrating real, probable, and specific harm that would justify the reservation. It emphasized the importance of algorithmic transparency as a fundamental guarantee for citizen oversight, the protection of personal data, and the prevention of arbitrary or discriminatory decisions by the State. This decision is significant because it recognizes access to information about automated systems as an essential part of a modern democracy, establishes standards for maximum disclosure and transparency in the use of AI by public entities, and orders the adoption of guidelines to regulate algorithmic transparency. \n Bill 42 of 2025: This bill establishes the legal framework for the promotion, development, and responsible use of artificial intelligence (AI) in Colombia. Its main objective is to guide the development, adoption, research, education, sectoral implementation, and governance of AI, fostering a national ecosystem that contributes to social well-being, innovation, inclusion, and the protection of fundamental rights. The law defines guiding principles such as legality, democratic participation, freedom of innovation, environmental sustainability, technological neutrality, and respect for human rights. Additionally, it creates the National Council for Artificial Intelligence (CON-IA), an advisory body attached to the Office of the President, responsible for coordinating, advising, and articulating national AI policy, as well as promoting best practices, monitoring progress, and proposing public policies on the matter. The bill also promotes AI education and training starting from primary and secondary education, the development of digital talent, the reduction of technological gaps, and the social appropriation of knowledge. It prioritizes the protection of children and adolescents from digital risks, establishing obligations for technology platforms and developers regarding the prevention of crimes and the management of altered content (deepfakes). Likewise, the law encourages industrial development, innovation, and research in AI and semiconductors through incentives, public-private partnerships, and financing mechanisms. All of this is aligned with existing regulations on data protection and civil liability, aiming to position Colombia as a regional leader in artificial intelligence with an inclusive, ethical, and sustainable approach. \n Bill 43 of 2025: This bill seeks to regulate artificial intelligence (AI) in Colombia to ensure its ethical, responsible, competitive, and innovative development. The initiative establishes a comprehensive regulatory framework that covers everything from promoting research and innovation to protecting fundamental rights, ensuring transparency, human oversight, and environmental sustainability. The bill classifies AI systems based on their level of risk (critical, high, limited, and minimal), imposing differentiated obligations for each category, and foresees the creation of governance mechanisms such as a national AI authority and intersectoral committees, as well as the implementation of regulatory sandboxes to encourage safe and controlled experimentation with new technologies. In addition, the law promotes social inclusion, gender equity, diversity, and the protection of historically excluded groups, ensuring that the benefits of AI reach all regions and sectors of the country. It emphasizes AI education and training at all educational levels, workforce reskilling in response to technological changes, and international cooperation to strengthen national competitiveness. The bill also includes measures for the protection of personal data, intellectual property, and the updating of the criminal framework in response to crimes committed using AI, all under principles of transparency, ethics, sustainability, and respect for human rights. \n "]
["Which agency regulates the use of AI in your jurisdiction?\n\n*Please note that EU rules are applicable in all EU Member States*"," The authority responsible for regulating matters related to Artificial Intelligence may vary depending on the sector in which it is applied. However, it is important to note that the only institution with the power to enact laws in Colombia is the Congress of the Republic. Other forms of regulation—such as decrees, resolutions, circulars, and agreements—are issued by various entities within the Executive and Judicial branches of government. \n In addition, the jurisprudence issued specially by high courts, as part of the Judicial Branch, serves as an additional criterion for setting boundaries on the use of these technologies. These legal interpretations help guide the responsible and lawful application of artificial intelligence across different contexts. \n Below is a list of the main institutions responsible for regulating artificial intelligence in various areas: \n \n Congress of the Republic of Colombia \n Superior Council of the Judiciary \n Constitutional Court \n Superintendency of Industry and Commerce \n Ministry of Information and Communications Technologies \n Ministry of Science, Technology and Innovation \n National Planning Department \n "]