Novedades regulatorias en materia de Inteligencia Artificial

In recent days, Colombia has seen several updates in terms of AI regulation. The most relevant updates on the matter are the following:

  1. Law 2502/2025: The Colombian Congress enacted Law 2502, amending Article 296 of the Criminal Code to introduce a specific aggravating circumstance for cases of identity fraud committed through the use of artificial intelligence (AI), including the creation of deepfakes and digital identity impersonation. Under this new provision, fines for such offenses may be increased by up to one third when AI tools are used. The law also provides definitions for key concepts such as deepfake, identity, and image, and strengthens the legal protection of personal rights against technological manipulation.

    In addition, Law 2502 sets out guidelines for the development of public policies aimed at preventing and controlling the misuse of AI in identity fraud. These include the establishment of an ethical framework, intersectoral collaboration, training in cybersecurity and digital ethics, the development of detection technologies, transparency in AI algorithms, international cooperation, and the implementation of rapid response protocols. This amendment will take effect one year after the law’s sanction and promulgation.
     
  2. Draft Bill 043-25: This draft bill filed by the Colombian Government intends to regulate the AI in Colombia in a comprehensive manner

    Overview
    The Draft Law No. 043 of 2025 aims to establish a comprehensive regulatory framework for the development, use, and governance of Artificial Intelligence (AI) in Colombia. Its primary objective is to ensure the ethical, responsible, competitive, and innovative deployment of AI, while safeguarding fundamental rights and promoting sustainable development.The law would apply to all individuals and entities, public or private, involved in any stage of the AI system lifecycle—design, development, deployment, operation, commercialization, or use—when the system is developed, used, or has effects in Colombia, or uses data from Colombian sources.

    Key Principles
    The regulation is guided by principles such as human oversight, diversity and inclusion, social and environmental well-being, ethics, transparency, responsible innovation, privacy, proportionality, respect for fundamental rights, environmental protection, economic development, technological sovereignty, adaptability, multi-stakeholder collaboration, and fair competition.

    Risk-Based Classification
    AI systems are classified into four risk categories:
     
    1. Critical Risk: Systems that may substantially violate fundamental rights or public interest (e.g., subliminal manipulation, social scoring, real-time biometric identification by authorities). Their use is generally prohibited except under strict conditions.
    2. High Risk: Systems with significant potential impact on health, safety, or rights (e.g., in education, employment, public services, law enforcement, justice). These require conformity assessments, risk management, transparency, and human oversight.
    3. Transparency Obligations: Systems that interact with people or generate/manipulate realistic content (e.g., deepfakes) must clearly inform users of their artificial nature.
    4. Minimal or No Risk: Systems outside the above categories, encouraged to adopt voluntary best practices
       
    Governance and Supervision
    The Ministry of Science, Technology, and Innovation is designated as the national authority for AI, responsible for technical guidance, coordination, and oversight. A multi-sectoral committee and a National Advisory Council of AI Experts will support governance, policy updates, and inter-institutional collaboration.

    Innovation and Education
    The law promotes research, innovation, and the creation of regulatory sandboxes for safe experimentation. It mandates the integration of AI education at all levels, with a focus on inclusion, regional development, and workforce transition.

    Responsibilities and Sanctions
    Clear responsibilities are established for developers, providers, implementers, and users of AI. Administrative and, in the future, criminal sanctions are foreseen for non-compliance, with a preference for corrective and educational measures before punitive actions.
     
  3. Draft Bill 042-25:
    The Draft Law No. 042 of 2025 aims to establish a comprehensive legal framework for the responsible development, governance, and ethical use of artificial intelligence (AI) in Colombia. It would create the National AI Council (CON-IA) to coordinate policy, sets out guiding principles such as legality, innovation, transparency, and protection of fundamental rights, and mandates the integration of AI education at all levels. The draft law also aims to promote public-private collaboration, supports research and industrial development in AI and semiconductors, and includes specific measures for the protection of minors in digital environments.

    Additionally, the framework applies to both public and private entities involved in AI, encourages the reduction of digital talent gaps, and requires platforms to implement proactive measures against digital crimes affecting children. The law aims to position Colombia as a regional leader in AI technology, ensuring that innovation is balanced with ethical standards and social inclusion.
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