In Colombia, digital markets have had a rapid and intense evolution during the past five years. Today, Colombia is one of the five most advanced countries in Latin America according to the United Nations Conference on Trade and Development.
The greatest advances in this area have been seen during the covid-19 pandemic, as this situation has affected all market players and enabled the creation of new forms of production, trade and consumption. For this reason, the Colombian government has prioritised the incentives for digital markets and has taken several regulatory and public policy measures towards promoting the growth of these markets.
The transformation of the economy during the pandemic should be viewed in stages, since in each of these stages, different social and political phenomena were observed, which affected the economy in different ways and with different results.
During the first half of 2020, in the months when covid-19 was reaching all continents, most authorities were prompted to devise contingency plans. Initially, these strategies were based on social distancing, leading all types of businesses to close their doors or limit their opening hours.
In fact, on 17 March 2020, the Colombian government declared a state of emergency and initiated mandatory quarantine for most of the population. This strict quarantine lasted until August 2020 and during this period, the economy suffered a tremendous change, which initiated the first and most intense thrust to the digital markets.
From the supply side, during this first stage most suppliers included more technologies in their production process and were forced to digitalise entire operations to boost the efficiency of their business, and to create or develop digital commercialisation channels, allowing consumers to access products and services without having to leave their homes.
Regarding the demand side, during this first stage, consumers radically changed their behaviour, since they were forced to adapt their response to the traditional market challenges to address the new challenges of the digital market, and to change the way in which they interacted with commerce and embrace the business-to-consumer (B2C) e-commerce approach forced by the mandatory quarantines. The economic situation also led consumers to increase their savings and to prioritise the acquisition of basic goods over premium goods, as well as to start acquiring an incredible amount of hygiene products such as hand sanitisers, masks, gloves, among other goods that were not even considered before the pandemic. This rising consumer behaviour led to the creation of new needs that translated into business opportunities for those producers and suppliers willing to play in the digital market field.
During the second stage of the covid-19 pandemic, the government started to implement an economic activation plan, aiming to increase the market’s activity in a staggered manner, to avoid overcrowding that would lead to an uncontrolled increase in the number of cases of the disease. During this period, government measures specifically targeted the impulse of e-commerce transactions, including declaring a three-day exemption from value added tax (VAT). This measure was included in Decree 682, issued in May 2020, and covered the following:
- Products and industries: sports elements, games and toys, clothing, clothing accessories (such as sunglasses), school supplies, agricultural goods and supplies, household devices (such as washing machines), computers and communications devices (such as cell phones).
- clothing selling at a price per unit equal to or less than US$203;
- clothing accessories selling at a price per unit equal to or less than US$203;
- household devices selling at a price per unit equal to or less than US$812;
- sports items selling at a price per unit equal to or less than US$812;
- games and toys selling at a price per unit equal to or less than US$101.5;
- school supplies selling at a price per unit equal to or less than US$50.75; and
- agricultural goods and supplies selling at a price per unit equal to or less than US$812.
As a result of the VAT exemption, the promotion of digital transactions (B2C), according to the Colombian Chamber of Electronic Commerce, soared, with (1) a 712 per cent increase in the usual average Saturday sales, (2) income from e-commerce sales amounting to about 1.2 billion pesos, and (3) 4 million transactions.
Shortly after these three VAT-exempt days, the government started to ease hygiene measures and ended the mandatory quarantine, which led to a return to the use of the conventional commercialisation channels. However, the increase in the use of the traditional channels was less significant than the growth of e-commerce. It is a fact that the pandemic was the catalyst that changed the way in which consumers relate to the market and promoted the use of the technologies by suppliers and consumers alike.
Moreover, during the second and third stages of the pandemic, and owing to the increased level of digitalisation and connectivity achieved in a short time, Colombia witnessed a significant development in the supply side of the digital markets, consisting in the creation of companies that provide digital support services, big data services, digital marketing services, fintech services, cloud services and digital transformation services, among others.
Owing to these developments and the positive and tangible effects of the exponential growth of digital markets to the Colombian economy, the government has been taking several measures to keep promoting these markets to boost the economy.
Overview of Colombia’s digital priorities
As mentioned above, the government has adopted several measures to promote new technologies, their improvement and economic growth, that reflect the public policy priorities explained below.
Public policy priorities
The National Council of Economic and Social Policy (CONPES) issued a National Policy for Digital Transformation and Artificial Intelligence (CONPES Document No. 3975), which seeks to (1) lower the barriers that prevent the incorporation of digital technologies in the private and public sectors to facilitate the country’s digital transformation, (2) create enabling conditions for digital innovation in the public and private sectors with the aim of achieving a digital transformation, (3) strengthen the skills of human capital to face the challenges of this revolution to ensure the required human resources, and (4) develop enabling conditions to prepare Colombia for the changes and the economic and social implications of artificial intelligence (AI).
Although Colombia has a public policy for digital transformation and AI, the authorities have not yet implemented a legal framework to address the complexities that involve this kind of initiative.
A bill was presented in the House of Representatives of the Colombian Congress to establish the basic rules for the development, use and implementation of AI. However, after almost a year, the bill was withdrawn without any debate in the House of Representatives.
Nevertheless, some administrative entities have issued non-binding guidelines to fill the regulatory gaps on the matter, the key ones being (1) the general recommendations for the processing of personal data in AI of the Ibero-American Data Protection Network published by the Superintendence of Industry and Commerce (SIC) on its website, and (2) an ethical framework for AI in Colombia published, for comments, by the office of the President of Colombia (the aim of this document is to identify the ethical considerations that should be considered when implementing AI projects in the country).
In this context, the SIC has developed a project called ‘Sandbox on privacy by design and by default’, in which the authority will provide guidance on structuring the design of AI projects that involve the processing of personal data. The aim of the sandbox is to be a preventive and experimentation space for companies to develop AI projects with the non-binding accompaniment of the data protection authority.
From the first cohort, the SIC chose two projects out of five: one in the field of digital microcredit; and the second for creating a chatbot for the city of Barranquilla aimed at creating an effective channel of communication with citizens.
Although Colombia already had a national e-commerce policy contained in document CONPES 3620 of 2009, CONPES identified the need to respond to the changes in the e-commerce framework generated by the covid-19 pandemic. Specifically, this policy seeks to respond to the persistent digital gaps that reveal that not all potential beneficiaries have been able to participate in this new dynamic. Consequently, in Colombia, an important segment of the business world and many citizens are not yet benefiting from the economic digital development. The main reasons for this lack of involvement in the new commercial trends are (1) the relatively low adoption of technology, (2) the need to strengthen specialist talents for e-commerce in companies, and (3) a lack of trust and familiarity within the general population in using e-commerce (B2C) to purchase goods and services. In this regard, CONPES issued a document containing a national policy for e-commerce (CONPES Document No. 4012 of 2020).
One of the central pivots of public policy is generating capacities to promote the use of and access e-commerce by the general public. One of the main reasons why people refrain from accessing e-commerce is a lack of trust in the mechanism. Additionally, the lack of knowledge about the systems that exist in respect of consumer protection, personal data protection and, in general, the rights and duties of consumers, such as the withdrawal or reversal of payments, is considered a fundamental reason for the lack of trust in e-commerce.
In fact, there is still a generally low level of knowledge regarding the advantages and benefits of e-commerce and the presence of situations that could harm consumers as regards the disclosure of information, deceptive or unfair commercial practices, fraud and identity theft. These problems do not allow levels of trust to build or the creation of a culture that embraces the use of e-commerce.
As a result, potential measures were identified to create a dissemination and socialisation strategy aimed at consumers and the business sector, including, as a minimum, the rights, duties and obligations of all the parties involved in an e-commerce consumer relationship. The SIC is taking the lead by issuing a guide to electronic commerce, prepared by the offices of the Deputy Superintendent for Consumer Protection, with the support of the office of the Delegation for Data Protection.
The guide was published in a draft version for comments on 29 June 2021. Within this draft, the inclusion of a series of criteria to identify the different actors that participate in e-commerce is highlighted, to define their responsibilities.
On this point, the SIC indicates that the main criteria used by the authority to establish that an economic agent provides goods and services using e-commerce are that:
- the economic agent receives income from transactions and consumer relationships concluded through a digital platform;
- it has its own payment methods or receives the payment from the consumer for the products purchased through a digital platform and subsequently distributes the values obtained to commercial partners, discounting, among other things, the value for use and rental of the platform, compensation for delays, incomplete or erroneous orders, as well as delays in the delivery of the marketed products;
- it receives income from services provided autonomously by the same platform without the intervention of commercial partners;
- it has its own means to improve consumer relations, taking care not only of the offering and marketing of products but also of their delivery, designating the conditions of time, manner and place for their delivery;
- it directly attend to requests, complaints and claims about the products, taking care of receiving, processing and deciding the responses;
- it carries out its own publicity, promotions and offers for the products it sells and those of its commercial allies; and
- it offers additional services that are its own and not those of its commercial partners, such as, but not limited to, the possibility of selecting the goods to be purchased according to a consumer’s instructions and contacting consumers to verify availability by proposing a solution, provision of payment methods and delivery, and delivery and distribution services.
These criteria are important insofar as they make it possible to identify the level of responsibility that applies to an economic agent who carries out e-commerce activities. Thus, a person or company who provides goods and services via e-commerce will have a greater level of responsibility than a person or company that has direct contact with others. In other words, the degree of responsibility of the participating agents will depend on their role in the transaction and not on the name adopted by the business models or the channels used to generate the consumer relationship.
Free and fair competition in digital markets
On 31 December 2020, the Directorate for Innovation and Business Development of the Colombian National Department for Planning issued a diagnosis and public policy recommendations in the field of free economic competition in Colombia.
This document started with a reminder about the importance of free competition as a tool to achieve productivity and efficiency in the economy. Furthermore, it highlights that although Colombia has strengthened its competition framework in recent years, which has improved its capacity to protect and promote free competition in various markets, productivity growth in the country has been hindered by the weak competition that still prevails in some markets.
One of the reasons for the foregoing, according to the document, is that there are still weaknesses in the competition regime tools. Therefore, the National Department for Planning found that it was necessary to establish policy guidelines to strengthen the current competition regime and actions to improve the efficiency of those tools. To overcome these challenges, the Department proposed to:
- modify the current sanctioning system to achieve greater deterrence to potential infractions of the competition laws;
- further regulate the characteristics, requirements and procedures to consolidate the effective use of the mechanism of garantías, a sort of consent decree that allows the SIC to order the anticipated termination of an investigation pursuant to the compromises offered by the parties under investigation;
- create greater incentives for participation by individuals and companies in leniency programmes;
- extend the competition advocacy role of the SIC, not only for regulations but also for the drafting of laws and the counselling of the state in competition matters;
- improve sector economic studies through proper prioritisation of feasible recommendations and articulated work with key actors; and
- establish strategies for market monitoring and mechanisms to assess the economic effects of the competition authority’s actions.
SIC approach to digital enforcement
Regarding digital enforcement, unlike many other countries, the SIC is legally empowered to enforce competition law, consumer protection law, intellectual property law, data protection law, technical regulations and jurisdictional matters concerning consumer protection and unfair competition. Digital enforcement actions exist in all these legal areas.
Some of the SIC’s digital enforcement cases concerning consumer protection, personal data protection and free and fair competition are highlighted below.
Deputy Superintendence for Consumer Protection
By means of its Resolution No. 26282 of 4 June 2020, the SIC issued a series of administrative orders to Falabella de Colombia SA with the aim of avoiding harm or damage being caused to consumers. This was a response to multiple complaints about possible irregularities in the delivery of products purchased through Falabella de Colombia’s website, particularly since the imposition of the mandatory lockdown measure decreed by the government.
Falabella de Colombia was ordered to:
- instal a pop-up window on the home page at https://www.falabella.com.co/falabella-co/, and on the web page titled ‘Product(s) added to the shopping bag’, which shall automatically appear once a product and the address for home delivery have been selected. The pop-up message shall provide clear and visible information about the possible delays that may occur in the delivery of the products as a result of the increase in demand during the covid-19 pandemic and about the right to a refund in the event of non-compliance;
- provide a section titled ‘Refund of payment’ that is accessible and visible on the home page at https://www.falabella.com.co/falabella-co/, which shall provide information for consumers about the procedure for requesting a refund of their payment;
- present an improvement plan that includes actions and strategies to guarantee the continuity of good quality conditions of the business and compliance with advertised delivery times, timely attention to warranty requests, mechanisms to guarantee the right to claim and timely attention to requests, complaints and claims, mechanisms that allow validation of product availability prior to payment by the consumer, and actions to improve the process of preparation, packaging and distribution of products;
- submit within 10 days a report on compliance with the delivery of products purchased since the beginning of the lockdown for which the delivery date was overdue. This report shall guarantee delivery or offer a remedy to consumers in the event of it not being possible to comply with the expected delivery;
- adjust the dates in the ‘scheduled date’ delivery option in line with the current delivery times that the company can guarantee;
- deliver the products in packaging that provides protection for the recipient from any possible risk of infection from contact with the products; and
- strengthen customer service and communication channels, to optimise response times and to provide accurate, reliable, sufficient and updated information about consumer complaints.
Similarly, the response capacity of the virtual assistant ‘Paula’ should be improved, or its functionality should be limited to answering frequently asked questions, so that it does not generate expectations of a greater level of attention to details.
Furthermore, during the first stage of the covid-19 pandemic, the SIC adopted a series of actions to avoid possible violations of consumer rights derived from advertising or misleading information in respect of products to which healing properties or preventive benefits in respect of covid-19 were attributed. This was largely within the framework of the commercialisation of rapid tests for the detection of the coronavirus.
In this respect, the SIC issued 23 administrative orders to businesses, including Mercadolibre Colombia Ltda, for the withdrawal of 1,286 publications in which a product was associated with the words ‘covid-19’ or ‘coronavirus’. The SIC considered that information provided to consumers stating that a product had the ability ot prevent infection could mislead consumers.
The SIC also issued 21 administrative orders to businesses, including the marketplaces Mercadolibre Colombia Ltda and OLX Colombia SAS, for the cessation of the marketing of products subject to a health alert issued by the National Food and Drug Surveillance Institute (INVIMA), which could endanger the life, health and integrity of consumers.
In relation to the above, the SIC also initiated a follow-up procedure to monitor compliance with the aforementioned administrative orders.
Deputy Superintendence for Competition Protection
By means of Resolution No. 73372 of 12 December 2019, the SIC imposed a fine on Colegio Federación Colombiana De Optómetras (Fedopto), an association of optometrists, for behaviour aimed at preventing the entry of new competitors to the digital contact lenses market in Colombia, thereby infringing Articles 12 and 17 of Law 256 of 1996 (unfair acts of discredit and inducement to breach of contract).
The SIC also fined nine individuals who held administrative positions at Fedopto for having implemented, authorised or tolerated anticompetitive practices against new suppliers of mass-produced contact lenses via the internet.
This case began in 2013, when e-commerce was introduced to the mass-produced contact lens market in Colombia, a new conduit for commercialisation within the industry. This digital forum allowed consumers to access the website of their choice, select the product according to their needs and preferences, upload or attach the respective optometric prescription and pay for the chosen lenses.
However, this new business model raised concerns within the traditional market and Fedopto initiated a scheme against the online sellers, through various actions aimed at discrediting and discouraging the marketing of contact lenses on the internet, thereby preventing the entry and development of e-commerce in the industry.
During its administrative investigation, the SIC identified that Fedopto was disclosing false and inaccurate information about the unlawfulness of online commerce and the alleged risk to health that resulted from buying contact lenses via the internet. In addition, the SIC found that Fedopto triggered the breach of contracts between e-commerce sellers of contact lenses and end consumers, distributors, allied opticians and other third parties.
As a result of their actions, the SIC imposed fines on Fedopto and the nine administrative staff totalling 233,528,712 pesos.
Mergers and acquisitions
Two transactions illustrate the analysis of digital commerce.
One of these transactions took place on 9 October 2017 between Avianca Holdings, Avianca SA, Price Travel and Price Res (the ‘participating companies’), with the aim of constituting a new company by a corporate joint venture operation, in which Avianca Holdings and Price Travel would each have a 50 per cent shareholding of the online travel agency services marketed under the brand Avianca Tours.
During the pre-evaluation process, SIC carried out a broad analysis of two main issues. Considering the very strong and, in some respects, dominant position of Avianca within the air passenger transport market, the transaction could have a restrictive effect on the supply of airline tickets to travel agencies (i.e., the services on the new company’s website constituted discriminatory or excluding actions towards tourism service providers).
Moreover, the SIC was concerned about the competitive advantage of Avianca that could create incentives to leverage the new company in a way that could distort market conditions between competitors in the online travel agency services industry.
These concerns led the SIC to impose certain conditions with its approval of the operation, as follows:
- The participating companies must create a new company to act as an independent player in the digital marketing of tourism services.
- The new company is not allowed to sell airline tickets individually, hence, the tickets must be sold as a component of a tourism package that includes other services, such as accommodation and recreational services.
- The participating companies cannot give the new company more favourable treatment to the detriment of its competitors.
A second transaction on 9 October 2017 consisted of the acquisition of Neustar, a company in the registry and domain management business, by GoDaddy Inc, a comprehensive cloud-based solutions provider offering easy-to-use products and services.
As part of the transaction, GoDaddy also indirectly acquired the company .Co Internet SAS, a Colombian subsidiary of Neustar that, since 2009, has been the administrator of the identifier ‘.co’, which is the country code top-level domain (TLD) for Colombia (as assigned by the Internet Corporation for Assigned Names and Numbers).
The SIC considered that the projected operation was a vertical integration, since each company operated at two different levels, namely (1) the internet, including the promotion, administration and technical support of TLDs and (2) virtual infrastructure of information technology (IT), including internet web services. The case was reported as a short-form notification (no waiting period), which is considered approved by the SIC once the notification is filed, because the participation of GoDaddy and Neustar in the markets involved in the operation did not exceed the 20 per cent market participation threshold.
Deputy Superintendence for Personal Data Protection
By means of its Resolution No. 53593 of 4 September 2020, the SIC issued an administrative order directed at Google LLC, requesting the company to implement certain measures to comply with the Colombian data protection regime.
- the treatment and purposes of the data collection;
- the data rights to which the owner is entitled;
- the optional nature of the authorisation that relates to sensitive data or data about children and adolescents;
- the contact details of the person responsible for the personal data; and
- the availability of ways to effectively exercise data protection rights.
Finally, the SIC outlined that failure to comply with Resolution No. 53593 may lead to administrative sanctions and fines of up to 2,000 times the minimum legal monthly wage (around US$500).
Deputy Superintendent for Jurisdictional Affairs
On 20 December 2019, the SIC, acting in its judicial capacity, issued a first instance sentence in a case filed by Cotech SA (a taxi operator) against Uber. In its ruling, the SIC determined that the Uber carried out acts constituting unfair competition by providing transportation services in breach of the applicable transport laws and regulations, thereby acquiring Cotech’s customers and violating Articles 8 and 18 of Law 256 of 1996 (the Unfair Competition Law).
The SIC considered that Uber provides a public transport service for individual passengers by creating the offer and making the service available to users. This situation violates the laws and regulations of Colombia’s transport services, generates a significant advantage to Uber in the market and draws potential customers away from Cotech.
Nevertheless, Uber appealed the SIC’s decision, and the Superior Tribunal of Bogotá issued an anticipated judgment in favour of Uber by declaring that the statute of limitations had expired on the jurisdictional action.
Trends of increased business risk in relevant sectors
Considering that the Colombian national authorities are prioritising the growth, development and strengthening of digital markets, as a strategy to re-activate the economy in the post-pandemic era, it is important to analyse whether this situation poses new or enhanced risks in terms of legal non-compliance and the potential sanctions that may be applied to the economic agents.
Most digital market industries involve the collection of personal data from users, customers, suppliers and others, and the processing of that data. This is the case, for example, with companies that engage in the business of big data analytics, the provision of digital infrastructure support, digital personalised marketing services, among others, which face a significant risk of non-compliance with laws and regulations governing the protection of personal data.
This risk comes not only from the fact that personal data is part of the production chain, but also from the fact that these industries, as opposed to traditional market industries, require the collection and processing of big data, which, owing to its complexity, poses greater risks, for example in terms of information security.
This means that the companies must adopt their own security measures and make use of schemes to verify that third parties who have authorised access to information comply with adequate security measures to guarantee the security and integrity of personal data.
Furthermore, these industries also assume risks that arise from using personal data to create algorithms in AI projects, since companies must verify that they have the proper authorisation to process the data if it is not anonymised. In the same way, companies must verify that the information is used according to the express authorisation given by the data owner. Otherwise, they risk being investigated and sanctioned for illegal use of the data.
In addition, the daily increase of the economic value of data within digital markets has created serious concerns about market concentration, which directly affects free and fair competition within these markets, since companies competing in digital markets know that the main factor in the growth and strengthening of digital business is data.
As mentioned before, digital markets bring an intrinsic and strong relationship between the three (or four when it involves a patent) legal regimes: personal data protection, consumer protection, and free and fair competition. Hence, in our opinion, this situation poses major risks to companies participating in digital markets in Colombia, more precisely in the jurisdiction of Colombia, since the country has one authority, the SIC, that has been entrusted with the enforcement of all three regimes.
Companies participating in these markets are therefore facing a single authority with broad powers, which means they will be subject to heavy scrutiny from an authority that is capable of a wide range of actions. Furthermore, this situation suggests that there is a greater likelihood of enforcement actions being better coordinated and applied more efficiently of apparently very different and technical regimes, which when handled by the same authority eases its application and allows the authority to take a holistic and comprehensive look at the different issues that could result in non-compliance with any or all the legal regimes involved.
In view of all this, it is advisable to seek and receive legal advice in Colombia from law firms and lawyers who are well versed in all these matters.
1 Alfonso Miranda Londoño is a partner and Natalia Alarcón Rueda and Liliana Runceria Rodríguez are associates at Esguerra Asesores Jurídicos.
2 United Nations Conference on Trade and Development, 'The UNCTAD B2C E-Commerce Index 2020: Spotlight on Latin America and the Caribbean', available at https://unctad.org/system/files/official-document/tn_unctad_ict4d17_en.pdf.
3 World Health Organization, 'Covid-19 Strategy Update' (14 April 2020), available at https://www.who.int/docs/default-source/coronaviruse/covid-strategy-update-14april2020_es.pdf?sfvrsn=86c0929d_10.
4 Decree 417 enacted by the President on 17 March 2020.
5 Decree 457 enacted by the President on 22 March 2020.
6 Decree 1168 enacted by the President on 25 August 2020.
7 Around US$312 million at the time of writing.
8 Colombian Chamber of Electronic Commerce, Informe final Jornadas de Día sin IVA – ECommerce; (23 November 2020), available at https://www.ccce.org.co/noticias/informe-final-jornadas-de-dia-sin-iva-ecommerce/.
9 National Council for Economic and Social Policy, CONPES Document No. 3975, 2019. National Policy for Digital Transformation and Artificial Intelligence. Available at: https://colaboracion.dnp.gov.co/CDT/Conpes/Econ%C3%B3micos/3975.pdf.
10 Ibero-American Data Protection Network, General Recommendatios for the Processing of Personal Data in Artificial intelligence, 2019. Available at: https://www.sic.gov.co/sites/default/files/files/pdf/2%20RIPD%20(2019)%20GENERAL%20RECOMMENDATIONS%20FOR%20THE%20PROCESSING%20OF%20PERSONAL%20DATA%20IN%20ARTIFICIAL%20INTELLIGENCE(1).pdf.
11 The SIC is the competition, consumer protection and data protection authority in Colombia.
12 Presidential Council for economic affairs and digital transformation, Ethical Framework for AI in Colombia, 2020, Draft version, Available at: https://dapre.presidencia.gov.co/TD/MARCO-ETICO-PARA-LA-INTELIGENCIA-ARTIFICIAL-EN-COLOMBIA.pdf.
13 SIC, ‘Sandbox on privacy by design and by default in Artificial Intelligence projects’ (April 2021), available at https://www.sic.gov.co/sites/default/files/files/2021/150421%20Sandbox%20on%20privacy%20by%20design%20and%20by%20default%20in%20AI%20projects.pdf.
14 National Council for Economic and Social Policy, CONPES Document No. 3620, 2009. Policy Guidelines for Development and Promotion of Electronic Commerce in Colombia. Available at: https://colaboracion.dnp.gov.co/CDT/Conpes/Econ%C3%B3micos/3620.pdf.
15 National Council for Economic and Social Policy [CONPES], CONPES Document No. 4012: National E-commerce Policy (November 2020), available at https://colaboracion.dnp.gov.co/CDT/Conpes/Econ%C3%B3micos/4012.pdf.
16 Superintendence Of Industry and Commerce, Draft Guide for consumer protection and their personal data in e-commerce, 2021, available at: https://www.sic.gov.co/content/proyecto-de-gu%C3%ADa-para-la-protecci%C3%B3n-del-consumidor-y-sus-datos-personales-en-el-comercio-electr%C3%B3nico.
17 OECD (2014), Estudio de la OCDE sobre la política regulatoria en Colombia: Más allá de la simplificación administrativa, Revisiones de la OCDE sobre reforma regulatoria, OECD Publishing, Paris, https://doi.org/10.1787/9789264201965-es.
18 National Department for Planning, ‘Public Policy on Free Economic Competition in Colombia: Diagnosis and public policy recommendations’ (Colombian Government Publications, 2020).
19 SIC (2020), Superindustria ordena A Falabella de Colombia S.A. cumplir con la entrega de productos adquiridos a través de su página web, available at: https://www.sic.gov.co/slider/superindustria-ordena-falabella-de-colombia-sa-cumplir-con-la-entrega-de-productos-adquiridos-trav%C3%A9s-de-su-p%C3%A1gina-web.
20 SIC, ‘Superindustria ordena a plataformas digitales retirar productos que ofrecen supuestos beneficios contra el Covid-19’ (April 2020), available at https://www.sic.gov.co/slider/superindustria-ordena-plataformas-digitales-retirar-productos-que-ofrecen-supuestos-beneficios-contra-el-covid-19.
21 OECD (2020), Annual Report on Competition Policy Developments in Colombia, available at: https://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DAF/COMP/AR(2020)41&docLanguage=En.