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Foreign Non-Profit Organizations
There are 4 main duties:
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Every foreign nonprofit organization shall keep the accountancy and corporate books for a period of minimum 10 years, from the date of the last registration, document or any other type of entry.
Foreign non-profit companies must verify and comply with all intellectual property and copyright regulations and acknowledge third parties’ rights.
Said information must be included in the Annual Management Report that would be presented to the highest executive body of the company (Shareholders Assembly/Partners Board).
On this regard, it is important to evaluate with legal advisors the lawfulness of all the software that the entity uses, since DIAN (National Tax Authority of Colombia) may request legal proof of licensing and, if an infraction is found, said entity can impose fines to the company and inform to criminal authorities for offenses against intellectual property.
Foreign non-profit organizations interested to participate in procurement processes with government entities, must register in the RUP -Public Providers Single Registry- at their respective Chamber of Commerce.
3.1 Registration
It can be done at any time by filing information related to goods and services offered, as well as financial, organizational and technical information.
3.2 Renewal
It must be done April 9th, 2021 at the latest. The lack of renewal will require an entirely new registration process.
3.3 Update
Updates shall be carried out in the event of any changes in the information registered.
Section 2.3 from Circular 002 of 2015 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 NDBR 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 2021 the first report on claims (positive or negative) presented by data subjects must be filed no later than on February 19th 2021 in which the claims performed by data subjects during the previous semester (July to December 2020) 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, 2021 (in this case it is necessary to report the claims received from January to June 2021).
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 2021 COP $3.630.800.000, approx. USD$ 1.067.883). 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.
