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  5. Colombia: The Superintendence of Industry and Commerce clarifies the effect of the Excluded Numbers Registry and its powers regarding complaints under Law 2300 of 2023

Colombia: The Superintendence of Industry and Commerce clarifies the effect of the Excluded Numbers Registry and its powers regarding complaints under Law 2300 of 2023

17 Jul 2024    2 minute read
Superintendence of Industry and Commerce Law 2300 of 2023 Data Protection

In brief

The Superintendence of Industry and Commerce (SIC) issued External Communication 001 of 26 June 2024 ("Communication"), that clarified the effect of registration in the Excluded Numbers Registry (RNE) and the obligations of sellers and suppliers of goods and services.

The Communication also explains that although the administrative authority in charge of supervising financial information operators is the Colombian Superintendence of Finance (SFC), the SIC has powers to hear claims related to (i) the processing of personal data for debt collection purposes carried out by entities not supervised by the SFC, or (ii) the processing of personal data for advertising purposes.

Contents

Key points

The Communication defined the following key aspects:

  1. The SIC indicated that all authorizations and consents for advertising purposes granted prior to the registration of the data subject in the RNE will be deemed revoked. Authorizations made after registration will be deemed valid.
  2. All suppliers and sellers of goods and services have the obligation to consult the RNE prior to sending any messages or communications to consumers.
  3. The SIC is competent to hear complaints and claims filed for violation of Law 2300 of 2023 in debt collection processes, in the following scenarios:
  • When the data subject claims that his/her data was used to advance collection efforts by entities supervised by the SIC, through unauthorized channels or through several channels.
  • When the data subject claims that the debt collection efforts were made by entities supervised by the SIC to his personal references or personal contacts.
  • When the data subject, as co-debtor, joint debtor, or similar, claims that his/her data was used to advance debt collection efforts by entities supervised by the SIC through unauthorized channels, or through more than one channel.
  1. Additionally, the SIC shall be competent to hear complaints and claims filed when the data subject is contacted for advertising purposes, in the following cases:
  • When the data subjects claims that he/she was contacted through more than one channel, or through an unauthorized channel.
  • When the data subject seeks the suppression of his/her data for advertising purposes, or when he/she has not given authorization to receive such messages.
  • When the data subject claims that he/she is being forced to receive advertising through any channel, or that he/she is being conditioned to remain on these lists to access goods and services.
  1. Ultimately, the SIC clarified that it is not competent to hear the cases contemplated in Law 2300 of 2023, where an affectation of the fundamental right to intimacy is alleged. These scenarios are:
  • When complaints are filed regarding the periodicity and schedules in which the data subjects are contacted.
  • Inquiries related to the data subject for the reason of non-compliance with its financial obligation.
  • Inquiries regarding confirmation of monetary operations, voluntary savings and severance payments.
  • Inquiries related to alerts on fraudulent, unusual or suspicious transactions.

Additional information

Do not hesitate to contact us in case you have any questions or require our advice.

For further detail, the Communication can be consulted in the following link.

Spanish Version

Contact Information
Carolina Pardo
Partner
Bogota
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carolina.pardo@bakermckenzie.com
Angélica Navarro
Partner
Bogota
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angelica.navarro@bakermckenzie.com
Carlos Arboleda
Associate
Bogota
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carlos.arboleda@bakermckenzie.com

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