Earlier today in Bogota, the supervisor of the Colombian data protection authority (within the Superintendency of Industry and Commerce) announced that the country’s new data protection law will receive final approval from President Juan Manuel Santos this month or next.  The supervisor, José Alejandro Bermúdez, made the announcement in an interview with the Spanish news agency Efe.

In December 2010, the Congress of Colombia passed comprehensive data protection legislation modeled after the European Union’s Data Protection Directive of 1995.  The legislation subsequently underwent a required review by the Constitutional Court, which required only modest changes. 

With one of the largest economies in the region and the third-largest population of Spanish-speakers in the world, the coming into force of a comprehensive data protection law in Colombia is a significant development.  Coming just days before the convening of the 34th International Conference of Data Protection and Privacy Commissioners in Punta del Este (Uruguay), the announcement underscores the intense interest in data protection throughout Latin America.

Notably, Mr. Bermúdez emphasized that with the law in effect Colombia “provides an adequate level of protection” for personal data.  As we reported last week, the desire to obtain adequacy determinations from the EU is among the factors driving passage of new data protection laws in Latin America.  In August, Uruguay became the second country in the region to receive an adequacy determination.

Tags: Colombia, Latin America, Uruguay
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Photo of Matthew DelNero Matthew DelNero

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy…

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy challenges.

Matt serves as co-chair of Covington’s Technology & Communications Regulation (“TechComm”) Practice Group and co-chair of the firm’s Diversity, Equity, & Inclusion initiative.

Matt advises clients on the full range of issues impacting telecommunications, technology and media providers today, including:

  • Structuring and securing FCC and other regulatory approvals for media and telecommunications transactions.
  • Obtaining approval for foreign investment in broadcasters and telecommunications providers.
  • Broadband funding under federal and state programs, including under the FCC’s Universal Service Fund (USF) and NTIA’s Broadband Equity, Access, and Deployment (BEAD) Program.
  • Representing broadcasters, media networks, and other content owners and producers on both existing and proposed FCC regulations and policies.
  • FCC enforcement actions and inquiries.
  • Online video accessibility, including under the Communications and Video Accessibility Act (CVAA) and Americans with Disabilities Act (ADA).
  • Equipment authorizations for IoT and other devices.
  • Spectrum policy and auctions, including for 5G.
  • Privacy and data protection, with a focus on telecommunications and broadband providers.

Matt also maintains an active pro bono practice representing LGBTQ+ and other asylum seekers, as well as veterans petitioning for discharge upgrades—including discharges under ‘Don’t Ask, Don’t Tell’ and predecessor policies that targeted LGBTQ+ servicemembers.

Prior to rejoining Covington in January 2017, Matt served as Chief of the FCC’s Wireline Competition Bureau. He played a leading role in development of policies around net neutrality, broadband privacy, and broadband deployment and affordability under the federal Universal Service Fund (USF).

Chambers USA ranks Matt within “Band 1” in his field and reports that he is a “go-to attorney for complex matters before the FCC and other federal agencies, drawing on impressive former government experience.” It also quotes clients who praise him as “an outstanding regulatory lawyer…[who] understands the intersection between what’s important for the client’s operations and how the law impacts those operations.”

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