FROM THE ECONOMIST INTELLIGENCE UNIT
29
Jan 2007
Electronic
commerce in Colombia is still regarded as embryonic compared
with other Latin American countries, mainly because of the
lack of capital for start-ups, lack of an efficient distribution
network, low computer and Internet penetration and consumer
concerns over the safety of electronic transactions. Nevertheless,
high-income segments of the population use e-commerce facilities
for banking transactions and to pay utilities bills. Utilities
and banks have been leaders in developing home-grown technologies
for electronic payments as an alternative to the crowded
and inefficient payments system.
The
government has actively promoted the use of electronic resources
to reduce red tape, though its contribution to this initiative
is still marginal. In terms of legislation, Colombia was
the first country in the region to accept electronic signatures
and to recognise electronic documents as valid for commercial
transactions or notifications with and from state agencies.
Certain
large retail chains like Carulla-Vivero and Exito have established
e-commerce platforms to complement their regular business,
but growth is still hampered by the need to validate credit-card
purchases over the telephone with local banks. Nevertheless,
several companies have launched e-commerce platforms for
multiple goods. Among the investors are Bogotá's
telecoms firm, ETB, and El Tiempo and Intermarket.
The
majority of domestic banks (particularly the larger ones
such as Bancolombia, Banco de Bogotá, Conavi, Citibank
and Davivienda) have secure facilities for online access
to accounts, transfers, payment of utility bills, credit
cards and other bills. These banks were pioneers in Latin
America; systems known as the Red Phone from Davivienda
and Bancolombia's Audiobic created a culture of virtual
payments that is the basis for their Internet systems. Monthly
online banking transactions increased to Ps21bn in 2005
from Ps17.6bn in 2004 and Ps11.51bn in 2003, according to
the Banking Association. Some 13% of deposits and payments
are now made electronically, a significant increase from
the first half of 2001 when only 3% of deposits and payments
were conducted via the Internet.
Since
2005 floor trading in the Colombian Stock Exchange (Bolsa
de Valores de Colombia—BVC) was replaced by Internet-based
electronic trading networks that stockbrokers and other
market participants now use. Many entities extended the
electronic platforms to serve their clients. There has been
particular emphasis in enhancing the security and data privacy
of the transactions in order to attract more customers.
Growth of e-commerce
Development
of e-commerce in Colombia was rapid from mid-1999 until
mid-2000, when a shake-out of the pioneers began. The government
estimates that the information-technology sector will account
for 2.4% of GDP in the long run, almost double the Latin
American average. However, this still lags behind e-commerce
in Brazil, Argentina, Mexico and Chile. According to Telecompaper.com,
e-commerce transactions in Colombia reached US$205m in 2005,
which is only 0.4% of the total e-commerce in Latin America.
On
the business-to-business front, the government has been
trying to promote the use of information and communication
technologies. It launched a citizens' portal to facilitate
the filing of official paperwork associated with taxes,
customs processes, etc. The portal for government contracts
(www.contratos.gov.co)
has become very popular. Each government entity is required
to post its contract needs online for public review. During
2004, over US$2bn worth of contracts was posted on the site,
and almost half that amount was contracted through the portal.
The
completion by 2007 of three new fibre-optic cables (Maya
1, Arcos and Global Crossing) will increase international
connectivity and allow the roll-out of new high-speed transmission
services. Intense competition amongst providers is expected
to continue reducing tariffs and, thereby, increasing access
to new customers. According to a report of the Telecommunications
Regulatory Commission (Comisión de Regulación
de las Telecomunicaciones—CRT), Internet penetration
reached 13.2% in mid-2006, some 3-percentage points more
than a year earlier and substantially more than the 4.6%
at end-2002. Annual Internet traffic rose by 125% in 2002–05,
but it had decreased by 1.7% (to 591m minutes) in the first
half of 2006 from the year earlier period. Connection tariffs
for broadband services declined somewhat in 2006, to around
US$30 per month from around U$50 in 2005.
Foreign investment
Colombia's
foreign-investment statute, Decree 2080 of 2000, does not
expressly refer to electronic commerce. There are no limits
on foreign provision of telecommunications services, Internet
services or content (indeed, most existing Internet service
providers are foreign owned).
The
number of mobile-phone subscribers increased to 29m at September
2006 from 18m a year earlier, according to the most recent
figures from the Telecommunications Regulatory Commission
(Comisión de Regulación de las Telecomunicaciones—CRT).
The three following brands dominate the wireless telecoms
market: Comcel, which is owned by Telefonos de Mexico (with
64.3% of subscribers); Movistar, which is owned by Telefónica
de España with 26.3% of subscribers); and Ola, operated
by Colombia Móvil, which was locally owned until
August 2006 (with 9.4% of subscribers). Millicom International,
a holding company established in Luxembourg with wireless
operations in other emerging markets in Asia, Africa and
Central America, acquired a controlling stake in Colombia
Móvil from the Bogotá telecoms company and
Medellín Public Enterprises. Wireless competitors
have introduced mobile-phone models with WAP (wireless application
protocol) specifications, letting users access the Internet.
The three wireless operators now use the popular GMS (global
system for mobile communication) technology. Colombia signed
the World Trade Organisation's Information Technology Agreement
in 2005.
Subsidiaries
of foreign Internet service providers are operating in Colombia;
these include America Móvil (Mexico), Americatel
(US) and Telefonica (Spain).
Colombian
national laws on intellectual property predate the development
of e-commerce by many years. No laws specifically addressing
electronic commerce have yet been considered. For the time
being, existing legislation is being reinterpreted when
intellectual-property issues arise concerning e-commerce.
The
free-trade agreement signed by Colombia and the United States,
which had yet to be ratified at end-2006, states that there
will be no customs duties if products are bought online.
Consumer protection
Consumer
laws largely ignore the developments of the Internet age,
though a recent law on consumer protection forbids Internet
transmission of pornography to minors. Colombia's 1959 anti-monopoly
law (Law 155) prohibits conduct that limits free competition,
and the law may be applied to the Internet. The law also
includes anti-dumping measures and prohibits price-fixing
agreements and all forms of discrimination in sales or prices.
However, it has not been amended or revised specifically
to relate to the Internet.
Contract law and dispute resolution
The
principal legislation approved in this area is Law 527 of
August 1999. The law provides for the creation of an electronic
or digital signature in the form of a coded number that
is attached to an electronic message in such a way that
it is invalidated if the message is altered. This number
is to be agreed to by its owner and a certification agency
or entity approved by the Superintendency of Industry and
Commerce. Under the terms of the law, an electronic signature
created in this way has the same legal effect as an ordinary
written signature.
Law
527 permits contracts to be agreed through electronic messages
and allows documents to be archived in electronic form.
At present, there are no common standards, including those
for end-to-end security or certification criteria. The law
has four parts: general provisions and judicial guidelines
concerning data communication; e-commerce; digital signatures
and certifications; and validity of the law itself. The
law was partially regulated by Decree 1747 of September
2000.
The
United States and Colombia signed an e-commerce agreement
in 2000 in an effort to form an international consensus
on electronic signatures and authentication. The accord
generally emphasises open and fair electronic trade and
does not address specific issues—such as what constitutes
a signature or valid certificate in a different jurisdiction.
Basis of taxation
The
tax authorities in Colombia have not yet addressed the issue
of electronic residence. Generally, taxes are not charged
on online purchases though customs officials may levy charges
if goods enter Colombia from abroad.
Classification of e-commerce transactions
Colombia
has not yet updated its tax legislation to deal with e-commerce
issues. Electronic commerce transactions are treated in
practice as sales of goods and services subject to the normal
value-added tax. For the first time, the tax reform of 2000
requires Colombian Internet sites that engage in e-commerce
to provide records of their transactions to the tax authority,
the National Tax and Customs Office (Direccion de Impuestos
y Aduanas Nacionales).
Compliance and enforcement issues
There
is little experience at present in this area. The government
issued complementary regulations to enact Law 527 in September
2000. But Decree 1747 of 2000 only partially regulates contracts
entered into over the Internet.
SOURCE:
COUNTRY COMMERCE |