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An NGO, on behalf of an individual & a company in the information services sector
Lead NCPColombia
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD MNE Guidelines.
Theme(s)Consumer interests
Date24 Jun 2021
Host country(ies)Colombia
SourceIndividuals
Industry sectorInformation and communication
StatusNot accepted
Summary

Read the Final Statement published by the NCP on 22 February 2022: Spanish


On 24 June 2021, an NGO submitted a specific instance on behalf of an individual to the Colombian NCP alleging that a company, headquartered in a different country with operations in Colombia and operating in the information services sector, had not observed the Consumer Interests (Chapter VIII) provisions of the Guidelines. Specifically, the submitter alleges that the Company failed to comply with at least six regulations contemplated in Law 1581 of 2012 (protection of personal data), not only violating the right of consumers as holders of habeas data, but seriously violating several postulates of the consumer protection law. The company had previously received a similar complaint filed by a different client through the Superintendence of Industry and Commerce (SIC) in which the company was found to be non-compliant, although the SIC has confirmed to the NCP that the company has since achieved compliance. A similar case filed by the same submitter had also been previously rejected in civil court.

On 16 December 2021, the NCP decided not to accept the case for further consideration given the parallel proceedings and legal references made by the submitter. The NCP also found that the issues, and the link between the company actions and the submitter, were not substantiated.