On 24 January 2022, the Colombian President issued Decree 092 of 2022, modifying the structure of the Superintendence of Industry and Commerce (SIC) and assigned new functions to the different offices of this entity. Within the modifications, particularly noteworthy is the creation of the Compliance Department, which is part of the Deputy of Competition Protection, and the Habeas Data Department, which is part of the Deputy of Personal Data Protection.
The new Compliance Department of the Deputy of Competition Protection will be in charge of (i) following up on the guarantees accepted during administrative investigations, relating to breaches of the competition protection and unlawful competition regulation, (ii) monitoring compliance of the conditions established in regards to requests for merger control clearances, (iii) undertaking the administrative procedures related to the breach of guarantees, conditions, the obstruction of investigations, and the omission of requests for information, and (iv) the effective implementation of compliance programs established as part of the guarantees and conditions.
The Habeas Data Department of the Deputy of Personal Data Protection, will be in charge of ensuring the principles and obligations related to data protection are complied with by any obliged person, and solving any complaint or claim submitted by the data owners to ensure their habeas data right, for which the Department has faculties to issue orders if applicable.
According to Decree 092 of 2022, the Colombian President modified the structure of the SIC and assigned functions to its different offices reflecting the new structure. Therefore, the main changes provided by the Decree are the following:
A. It removed the office and functions related to the supervision of the Chambers of Commerce. Taking into account, that Law 2069 of 2020 transferred said functions to the Superintendence of Companies.
B. It removed the power of the SIC to issue any decision for which the Deputies have now been assigned authority, when they deem pertinent.
C. It created the Compliance Department, which is part of the Deputy of Competition Protection, and which functions are:
- Following up on the compliance of (i) the guarantees accepted during administrative investigations related to breaches of the competition protection and unlawful competition regulation and (ii) the conditions established in regards to requests for merger control clearances
- Initiate administrative investigations with respect to the following:
- Breaches to the abovementioned guarantees and conditions
- Omissions of orders, instructions and requests for information issued by the Deputy of Competition Protection of the SIC
- Obstructions to investigations related to breaches of the competition protection and unlawful competition regulation
- Omission to undertake merger control procedures
- Monitor the establishment of compliance programs for the implementation of the abovementioned guarantees and conditions
D. It created the Habeas Data Department, which is part of the Deputy of Personal Data Protection, and which functions are:
- Ensuring the compliance of Law 1581 of 2012 and Law 1266 of 2008 (and any other regulation that complements or elaborates them) by any obliged person under said laws, namely the sources of information and/or data, operators, users of information, data controllers and data processors
- Solve the complaints and claims filed to ensure the fundamental right of habeas data, and issue any order, as applicable, to guarantee and ensure the effectiveness of said right
- In general, issue any order needed to ensure the fundamental right of habeas data and verify the compliance of said orders
It is worth mentioning that the functions related to investigation and sanctions for the breach of data protection regulation remain under the authority of the Department of Investigations for Personal Data Protection. Therefore, Habeas Data Department must transfer to the former, any administrative procedure related to the breach of orders, or the lack of compliance with the law, so the Department may investigate and impose any sanction as applicable.
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