Decree No. 1759 of November 8, 2016, extended the deadline for the registration of databases with the National Database Registry (RNBD). This regulation establishes that private legal entities and mixed economy companies registered with the chambers of commerce of the country, must carry out the registration of databases no later than June 30, 2017 in accordance with the instructions issued by the Superintendency of Industry and Commerce (SIC).
Decree 1759 likewise proceeds to set the date on which individuals, public entities, and private legal entities not registered with the chamber of commerce must comply with the obligation to register their databases and comply with a data processing policy in accordance with Law 1581 of 2012 and its regulatory decrees, with the deadline set for June 30, 2018. Consequently, as of today, the Superintendency of Industry and Commerce has enabled registration channels for all individuals, public entities, and private legal entities not registered with the chamber of commerce, so that they can carry out their registrations and comply with current legislation regarding the protection of personal data.
Law 1581 of 2012 established the obligation for all parties responsible for processing personal data (legal entities, individuals, and public entities) to register their databases containing personal information with the National Database Registry administered by the SIC.
Given the above conditions, it is important to know that anyone who fails to comply with their duty to register with the RNBD within the established deadline will be subject to sanctions, which may include:
1. Fines of a personal and institutional nature up to the equivalent of two thousand (2,000) current legal monthly minimum wages at the time the sanction is imposed. Fines may be successive as long as the breach that caused them persists.
2. Suspension of activities related to Processing for up to six (6) months. The suspension order will indicate the corrective measures to be adopted.
3. Temporary closure of operations related to Processing once the suspension period has elapsed without the corrective measures ordered by the Superintendency of Industry and Commerce having been adopted.
4. Immediate and definitive closure of the operation involving the Processing of sensitive data.
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