Current status
On 28 July 2025, the Government of Colombia submitted Bill ("Bill") to the Senate's seeking to regulate AI to foster its ethical, responsible, competitive, and innovative development, with the broader aim of positioning Colombia as a regional leader in AI governance.
This Bill classifies AI systems by risk level to determine the appropriate regulatory approach for each system. AI systems are grouped into four categories:
- Critical risk
- High risk
- Systems with specific transparency obligations
- Systems with minimal or no risk
Identifying the type of AI system a company uses is essential to determine whether its use is prohibited, conditional, or subject to codes of conduct or best practice protocols, as well as the impact of these systems on businesses.
Intellectual Property implications
The Bill clarifies that the development of AI systems must be based on the explicit consent of individuals when using their works, voices, or images. This provision resolves the ongoing debate by affirming that such authorization is indeed required. In terms of copyright, the Bill introduces a potential pathway for use without consent, provided there is a valid legal basis. However, this exception must be assessed on a case-by-case basis, with careful evaluation of the risks associated with relying on it.
Under the Bill, the Ministry of Science, Technology, and Innovation will serve as the primary enforcement authority under the Bill, with the power to issue binding recommendations. The Bill also introduces a sanctions regime that includes personal and institutional fines of up to 3,000 monthly minimum wages. In addition, it authorizes the suspension of activities for up to 24 months, or the temporary or permanent closure of operations involving AI systems.
In light of the forthcoming regulation of AI and its impact on IP, it is prudent for companies to implement Artificial Intelligence Management Policies. These policies will help structure the use of AI technologies and mitigate the risk of non-compliance, including potential sanctions.
Spanish version
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At Baker McKenzie, we are ready to support you in the creation and implementation of these policies and to assist you with any questions related to Artificial Intelligence and new technologies.
The draft of the Bill can be accessed in this link.
