Government presents challenges for the development of the digital economy
15 febrero 2019

The Communications Regulatory Commission (CRC) presented the roadmap on the challenges for the development of digital economy in Colombia. This plan will be implemented in five years, taking into account the competitive dynamics of this digitalization, as well as its implications for the development of public and regulatory policies.

 

This regulatory roadmap is set to structure the national policy for the digital economy in Colombia. The CRC thus suggests addressing the following opportunities and challenges:

 

  • One of the axes is the creation of an independent agency in charge of the digital economy, or else, for the establishment of an intersectoral coordination commission.

 

  • New business models and their promotion will be encouraged, especially in sectors such as financial services (e.g. Fintech).

 

  • The regulations on transfer of personal data and the identification of their trade-offs should be deepened. In addition, rules will have to be issued on commercialisation of digital costumers’ personal data. Furthermore, companies need easier access to the data, without generating favourable competitive positions for some companies.

 

  • It will create a protection regime for digital users of cross-border services (e.g. e-commerce), and ensure care in the use and application of Big Data.

 

  • It will be necessary to determine criteria for defining ICT-enabled services in the digital economy (e.g. Uber), and to seek a regulatory balance between traditional services and new services (e.g. telecommunication/media companies vs. OTT; retail vs. e-commerce).

 

  • Another point will be the review of the current tax regime and its benefits/harm for the digital economy, as well as the analysis of the labor regime (dependent worker) in the digital economy.

 

  • In relation to network neutrality, it must be ensured that it is not an impediment to the development of new business models, investments and innovation, without harming the rights of consumers and companies.

 

  • At the same time, the Colombian Ministry of Information and Communication Technologies (MINTIC) should develop its legal competence to assess or define guidelines in terms of markets, services, content and digital applications.
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