Decreto 1074 de 2015, International Transfers and Transmissions of Personal Data
In force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer, Security
- Audit expectation
- none
What it requires
- Observe article 26 of Ley 1581 de 2012 for every international transfer of personal data to a recipient that is itself a controller.
- For an international transmission to a processor acting on your behalf, sign a contract that sets the scope of the processing, the activities the processor performs for you and its obligations to the data subject and to you; with such a contract in place the transmission needs neither notice to the data subject nor the data subject's consent.
- Include in the contract the processor's obligations to process the data under the principles that protect it, to safeguard the security of the databases that hold it and to keep the data confidential.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 2.2.2.25.5.1 and 2.2.2.25.5.2 require a written contract between controller and processor for an international transmission. The contract is an agreement, not a record of processing, and the articles name no log, keeping period or body that may demand one, so the row records no logging duty. The articles cited here carry no territorial scope clause, so no territorial hook is recorded.
- Kind
- None
- As of
What this law does
Decreto 1377 de 2013, which Chapter 25 of Decreto 1074 de 2015 compiles, entered into force on . A transmission is processing by a processor on behalf of the controller that involves communicating personal data inside or outside Colombia. An international transmission between a controller and a processor needs neither notice to the data subject nor the data subject's consent when a contract that meets the contract article exists.
The transmission contract must oblige the processor to process the data under the principles that protect it, to safeguard the security of the databases and to keep the data confidential.
When LexLint raises it
When your app profile says your app processes personal data.
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