All marketing tools are accepted in Colombia, as long as they comply with both the Consumer Protection Statute and the Data Protection Statute.
This decision was made by the Superintendence of Industry and Commerce when dealing with an advertiser that was using 'robocalls', predictive and automated dialing, nuisance calls and calls made by means of artificial intelligence, to promote its business.
The decision clarifies that the Data Protection Statute is neutral concerning topic and technology, hence, it applies disregarding the technics, processes or technologies that may be use. When dealing with personal information, its collection and use, the Statute will rule the matter.
Thus, the means used to contact individuals is irrelevant for the application of the Data Protection Statute, the Statute will still require the advertiser to be duly and previously authorized by the individual being contacted.
Moreover, any artificial intelligence used to collect, manage and use personal data, must do so following the rules set forth within the Colombian legislation.
Finally, there must be an express authorization from the owner of the information (the person to be contacted), to the advertiser, to collect, store and use the personal information for marketing purposes.
Originally published by GALA, August 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
