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Analyzing critical legal trends and developments across data, cyber, AI and digital regulations from around the world and beyond borders

In AI Data Digital Evolution

The Government of Colombia introduces a new bill to regulate Artificial Intelligence

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On 28 July 2025, the Colombian government submitted Bill to the Senate to regulate Artificial Intelligence (AI) and to promote its ethical, responsible, competitive, and innovative development. The initiative aims to establish Colombia as a regional leader in AI governance. To ensure compliance and mitigate legal risks, companies are advised to implement internal AI governance policies.

Current status

On 28 July 2025, the Government of Colombia submitted Bill (“Bill“) to the Senate’s seeking to regulate AI to foster its ethical, responsible, competitive, and innovative development, with the broader aim of positioning Colombia as a regional leader in AI governance.

This Bill classifies AI systems by risk level to determine the appropriate regulatory approach for each system. AI systems are grouped into four categories:

  1. Critical risk
  2. High risk
  3. Systems with specific transparency obligations
  4. Systems with minimal or no risk

Identifying the type of AI system a company uses is essential to determine whether its use is prohibited, conditional, or subject to codes of conduct or best practice protocols, as well as the impact of these systems on businesses.

Intellectual Property implications

The Bill clarifies that the development of AI systems must be based on the explicit consent of individuals when using their works, voices, or images. This provision resolves the ongoing debate by affirming that such authorization is indeed required. In terms of copyright, the Bill introduces a potential pathway for use without consent, provided there is a valid legal basis. However, this exception must be assessed on a case-by-case basis, with careful evaluation of the risks associated with relying on it.

Under the Bill, the Ministry of Science, Technology, and Innovation will serve as the primary enforcement authority under the Bill, with the power to issue binding recommendations. The Bill also introduces a sanctions regime that includes personal and institutional fines of up to 3,000 monthly minimum wages. In addition, it authorizes the suspension of activities for up to 24 months, or the temporary or permanent closure of operations involving AI systems.

In light of the forthcoming regulation of AI and its impact on IP, it is prudent for companies to implement Artificial Intelligence Management Policies. These policies will help structure the use of AI technologies and mitigate the risk of non-compliance, including potential sanctions.

Spanish version

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At Baker McKenzie, we are ready to support you in the creation and implementation of these policies and to assist you with any questions related to Artificial Intelligence and new technologies. The draft of the Bill can be accessed in this link.

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Author

Juan Pablo Concha joined Baker McKenzie Colombia in 1994 and was named partner in 2009. For over 25 years, he has advised major national and international clients on matters related to intellectual property. Although he can practice only in Colombia, he also provides advisory services in international intellectual property rights enforcement to multinational and local companies.

Author

Yuliana Salamanca is a partner at Baker McKenzie in Bogotá, Colombia, where she co- leads the Intellectual Property practice with a focus on brand protection, copyright, and IP enforcement across Latin America. With over 15 years of experience, she advises multinational clients on complex IP strategies, including those involving emerging technologies such as AI and digital media. Yuliana holds an LL.M. from Boston University and a Master’s in Commercial Law from Universidad de los Andes, where she also leads a research group on AI and IP. Recognized by Chambers, Legal 500, and WTR, she is also active in pro bono work and thought leadership in the region.

Author

Pedro Londono joined Baker McKenzie in 2019 when he was still at law school at Universidad de Los Andes. Since then, he has been part of the Intellectual Property team, where he has advised prominent national and international clients in the management of their trademark portfolios in Latin America, the enforcement of their rights through the design of anti-counterfeiting and brand protection strategies, and in the transactional side through the structuring of IP assignment and licensing schemes. Pedro holds a law degree and Business Management minor from Universidad de Los Andes, and a Master of Laws (LL.M) from Columbia University. Throughout his career at Baker McKenzie, he has performed two secondments for multinational clients in the pharmaceutical and automotive industries. In recent years, Pedro has advised clients on challenging issues surrounding the impact and relevance of IP in new technologies, such as artificial intelligence.

Author

Julián David Ruiz Rondan is an associate in the Intellectual Property Practice Group in Baker McKenzie Bogota. He is recognized for his expertise in copyright and entertainment law. He is currently president of the Colombian Copyright Center (CECOLDA) and has been professor of the CopyrightX course of Harvard University, chapter Colombia. Julián has more than eight years of experience and has advised several national, international and multinational companies in the audiovisual, music, technology, advertising and entertainment industries. He has likewise provided counsel to several artists, producers and publishers.

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