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Colombian Non-Profit Organizations

There are 2 main obligations:

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Section 2.3 from Chapter V of the Legal Circular issued by the Superintendence of Industry and Commerce, establishes that every year between January 2nd and March 31st updates to the National Data Base Registry must be performed.

The mentioned updates must include any change that the data base has suffered within the previous year, i.e., if the number of data subjects included in the data base changed, if there was any change on the corporate name of the data controller, among others.

Please note that substantial changes, such as those related with the purposes to handle data, the data processor, the attention lines, classification and types of personal data, and international data transfers and transmissions, must be reported within the first 10 business days of the month in which the changes took place.

If by the time of the annual update there are any substantial changes that have not been registered those should be registered at the annual update.

Please note that when a new data base is created, it must be registered within the National Data Base Registry within the following two (2) months in which it was created.

Also, it is necessary to perform the corresponding report of claims presented by data subjects in the previous semester; such report must be performed at the NDBR and shall be complemented every semester during the first fifteen (15) business days of February and August; therefore for year 2024 the first report on claims (positive or negative) presented by data subjects must be filed no later than on February 21st  2024 in which the claims performed by data subjects during the previous semester (July to December 2023) must be reported. Also, note that the second report of claims performed by data subject, must be filed on the first fifteen (15) business days of August and therefore this year it must be performed no later than on August 23rd, 2024 (in this case it is necessary to report the claims received from January to June 2024).

At last, it is important to remind you that the companies that must comply with the registry obligation are those with assets of more than 100.000 UVT (for 2024 COP $4.706.500.000), approx. USD$1.176.625). However, all the entities that perform any data handling activity (i.e. collect, use, storage) must comply with all of the other obligations established in the data protection regulation.

In accordance with Circular 058 of 2022 issued by the District Legal Secretariat, ESAL under the inspection, surveillance and control of the Mayor’s Office of Bogotá D.C. must implement one of the following PTEE:

2.1. Transparency and Integral Business Ethics Program (PTEE-I).

a. Scope of application:
The ESAL that comply with one or more of the following conditions:
– The total assets as of December 31, 2023, must be equal to or greater than 1,000 SMLMV (COP $1,160,000,000).
– That have implemented a risk management system.

2.2. Simplified Business Ethics and Transparency Program (PTEE-S).
a. Scope of application:
The ESAL that comply with one or more of the following conditions:
– The total assets as of December 31, 2023, are less than 1,000 SMLMV (COP $1,160,000,000) and;
– They do not have a risk management system implemented.


2.3.Deadlines for submission of PTEE-S and PTEE-I:

The legal representative of the ESAL must sign the PTEE and submit it together with a copy of the Board of Directors’ approval minutes.

The presentation of the PTEE for ESALs active before 2024, shall be made in the 2024 fiscal year, together with the documentation for the end of the 2023 fiscal year, within the following deadlines, according to the last two digits of the NIT, not including the verification number:

 

 

Last two digits of the NIT without verification number

Deadline for submitting information

01-20

1st week of May

 

21-40

2nd week of May

 

41-60

3rd week of May

 

61-80

4th week of May

 

81-00

Last week of May (or first week of June)

For ESALs incorporated on or after January 1, 2024, the presentation of the PTEE shall be made in the following period within the deadlines defined above, together with the documentation for the end of the fiscal year.

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