Internal Work Regulations Advisory in Colombia

Data protection policies are a set of rules and guidelines that establish how an organization or entity should handle and protect the personal information of individuals. These policies are designed to protect the privacy and intimate information of individuals, provide transparency in the processing of data and ensure that the data being processed is accurate and available only to those who need to use it for specific purposes. The protection of this data is a constitutional duty of public and private entities that process personal data. In Colombia, Law 1581 of 2012 and its regulatory decree 1377 of 2013 establish the legal framework for the protection of personal data. It is important to comply with these policies in Colombia because the law establishes that all organizations, public or private, that handle personal information of Colombian citizens must guarantee its adequate protection. Failure to comply with these standards may result in sanctions, with the possibility of fines of up to 2,000 legal monthly minimum wages and loss of reputation for the organization. Data protection consultancies refer to services provided by data protection professionals who advise organizations on how to implement effective data protection policies and comply with legal obligations. ## These consultancies may include: * **Compliance assessment:** A consultant assesses the current state of the organization’s data protection practices and determines whether it is in compliance with applicable laws and regulations. * **Design of policies and procedures:** The consultant helps the organization develop appropriate policies and procedures to protect personal data and comply with regulations. * **Training and awareness:** Training is provided to employees so that they understand the importance of data protection and how to handle personal information appropriately. * **Incident Management:** The consultant helps the organization establish response plans for potential data breaches and provides guidance on how to handle and report incidents. Professionals who can provide data protection consultancy services include lawyers specializing in data protection law. There are also specific data protection certifications and training programs that can accredit professionals in this area. ## Cybergraphy [ https://www.zendesk.com.mx/blog/tratamiento-datos-que-es/#:\~:text=The%20treatment%20of%20personal%20data%20for%20the%20legislation%20is%20referred%20to%20by%20law%20p%20p%C3%BApublic%20as%20private ](https://www.zendesk.com.mx/blog/tratamiento-datos-que-es/#:~:text=El%20tratamiento%20de%20datos%20personales%20para%20la%20legislaci%C3%B3n%20se%20refiere,de%20derecho%20p%C3%BAblico%20como%20privado). <https://www.minambiente.gov.co/politica-de-proteccion-de-datos-personales/> <https://www.atinternet.com/es/glosario/tratamiento/> <https://www.seguridadsuperior.com.co/proteccion-de-datos> <https://www.pherusabogados.com/la-importancia-los-datos-personales/> <https://consultoria.anexia.es/blog/la-importancia-de-la-proteccion-de-datos> <https://www.dataprotected.com.co/>

## SAT Minsalud: what it is and why it matters The **Transactional Affiliation System (SAT)** of the **Ministry of Health and Social Protection of Colombia** is the official digital platform for **health affiliation, updates, and EPS transfers** through the **Mi Seguridad Social** portal. Although designed to **streamline processes** and ensure continuity, it is now widely reported as a **source of rights violations**. Citizens across Colombia have faced **irregular EPS transfers** in SAT **without their consent**, amounting to **identity theft and digital fraud**. ## Illustrative case in Medellín: irregular transfer in SAT In Medellín, a member of **EPS Sura** and his **90-year-old dependent** were **irregularly transferred to EPS Salud Total** via SAT. The system falsely recorded that the user himself requested the transfer, which never happened. This situation involved: - **Identity theft.** - **Unauthorized use of sensitive personal data.** - **Violation of privacy and digital security.** - **Falsification of official electronic records.** The case was reported to the **Prosecutor’s Office, the National Superintendency of Health, and the Office of the Inspector General (Procuraduría)**. However, to date, no effective action has been taken, leaving the users unprotected. ### Rights violated in this case - **Personal data protection** (Law 1581 of 2012). - **Right to health and life**, due to the risk of interrupted treatments. - **Right to due process**, with an administrative act carried out without consent. - **Right to privacy and human dignity.** - **Right to social security.** This example shows how **SAT has become a platform that violates citizens’ rights** due to weak security and oversight.  ## Legal framework regulating SAT - **Decree 2353 of 2015:** Creates SAT as a single affiliation system. - **Decree 780 of 2016 (DUR Health):** Establishes continuity and transfer rules. - **Resolution 768 of 2018:** Defines SAT’s operational conditions. - **Resolution 1128 of 2020:** Prohibits irregular transfers and reinforces data protection. Despite this legal framework, **irregular transfers and identity fraud cases** remain a serious problem. ## SAT and data protection risks The Ministry of Health claims its systems are certified under **ISO 27001**. In practice, however, multiple citizens have reported: - **Non-consensual transfers** carried out through SAT. - Lack of transparency on how these transfers occur. - Exposure of personal data to **cybercrime and fraud risks**. Instead of protecting users, SAT has turned into a **risk for privacy and health rights**. ## Who can reverse an irregular transfer in SAT? It is essential to clarify: - **EPS cannot reverse transfers.** - The **only entity authorized to reverse an irregular transfer is the Ministry of Health through SAT**. - To proceed, the Ministry requires the user to **submit a copy of the criminal complaint filed with the Prosecutor’s Office** for crimes such as **identity theft, computer fraud, and misuse of personal data**. This means victims must take both **administrative and criminal action** for a transfer to be reversed. ## Legal and administrative actions in case of irregular transfer ### 1. Verify and collect evidence - Check your affiliation status on **Mi Seguridad Social**. - Save **screenshots and official certificates**. ### 2. Notify your EPS - Inform both the origin and destination EPS. - EPS cannot reverse transfers but must ensure **continuity of services** while the case is resolved. ### 3. File a criminal complaint - Report to the **Prosecutor’s Office** for **identity theft, computer fraud, and data misuse**. - Attach a copy of the complaint to the Ministry of Health request. ### 4. Request reversal from the Ministry of Health – SAT - File a **PQRD** (petition, complaint, or request) with the Ministry of Health. - Attach the criminal complaint and request reversal of the irregular transfer. ### 5. File a complaint with the Inspector General’s Office - Submit a **disciplinary complaint** against public officials who may have been negligent or complicit. - The **Procuraduría** can investigate and sanction public servants for **negligence, abuse of authority, or corruption**. ### 6. Complaint before the Superintendency of Health - File a formal complaint so the **Supersalud** oversees the Ministry’s handling of the case. ### 7. Constitutional protection (tutela) - If your health or life is at imminent risk, file a **tutela action** so a judge orders immediate reversal and continuity of treatment.  ## Frequently asked questions (FAQ) **1. What is SAT in Colombia?** It is the official platform for health affiliation and EPS transfers. **2. What risks exist in SAT?** Irregular EPS transfers, identity theft, and misuse of personal data. **3. Who can reverse an irregular transfer?** Only the **Ministry of Health**, and only after a **criminal complaint** is filed. **4. What rights are violated in an irregular transfer?** Health, life, privacy, personal data, due process, human dignity, and social security. **5. What should a victim do?** - Gather evidence. - Notify EPS. - File a criminal complaint. - Request reversal from the Ministry. - File complaints with Supersalud and Procuraduría. - File tutela if urgent. **6. Can EPS reverse transfers?** No, EPS have no legal authority. Only the Ministry of Health through SAT can reverse them. ## Conclusion The **SAT platform**, intended to improve efficiency, has become a **system that violates fundamental rights**. Cases like the one in Medellín show that without strong oversight, citizens face serious risks to their health, dignity, and security. *Consult with an expert lawyer in SAT, health, and data protection to guarantee your rights against irregular transfers and identity theft.*

If you are a foreigner and already know the **basic DIAN obligations** —such as filing income tax returns, registering with the RUT, and meeting deadlines— this article is for you. Here you will find an **advanced guide** on topics that are not always explained: **international tax treaties, tax residency certificates, real sanctions in Colombian pesos, a 2025 tax timeline, and the immigration impact of failing to comply with taxes in Colombia**. > If you are looking for a more general introduction to tax residency and basic obligations, first check our article: [Tax obligations for foreigners in Colombia 2025](https://serviciolegal.com.co/es/blog/obligaciones-tributarias-extranjeros-colombia-2025). ## Double Taxation Treaties Colombia has international treaties that prevent foreigners from paying taxes twice on the same income. | Country | Covered areas | Year in force | |-----------|---------------------------------|---------------| | Spain | Income, wealth, dividends | 2009 | | Canada | Income, capital gains | 2014 | | Chile | Income, interest, royalties | 2008 | | Mexico | Income, dividends, royalties | 2013 | | Portugal | Income, dividends, wealth | 2019 | **Practical example:** A Spanish citizen earning a salary in Colombia pays taxes here. With the **Colombian Tax Residency Certificate**, he or she can credit those taxes in Spain, avoiding double taxation. ## Tax Residency Certificate: Step by Step The **Tax Residency Certificate** issued by DIAN is essential to apply international treaties. ### Why do you need it? - To prove to your home country that you pay taxes in Colombia. - To avoid sanctions for failing to apply international treaties. - To obtain tax benefits under bilateral agreements. ### How to request it: 1. Access the DIAN online platform. 2. File the request with a copy of your passport and updated RUT. 3. Wait for validation (approx. 10 business days). 4. Download the digitally signed certificate. Common mistake: having an outdated RUT for the current year → automatic rejection. ## DIAN Sanctions Simulator 2025 The **UVT 2025 = COP $51,000**. These are the most frequent sanctions: | Violation | Legal basis | Minimum penalty | |---------------------------|-------------|-----------------| | Not filing tax return | Art. 641 ET | 10 UVT ≈ COP $510,000 | | Late filing | Art. 642 ET | 5% monthly of the tax due (minimum 10 UVT) | | Inaccuracy | Art. 647 ET | 200% of the additional tax due (minimum 10 UVT) | | Incorrect information | Art. 651 ET | 1% of the inaccurate value (minimum 10 UVT) | Tip: keep your income records, contracts, and international transfers for at least **5 years**. ## Tax Calendar 2025 | Month | Obligation | Note | |--------------|-------------------------------------|------| | January – March | RUT update | Mandatory each year | | August – October | Income tax filing | Based on NIT | | September | Wealth tax filing | Large taxpayers | | October | Declaration of foreign assets | Same deadline as income tax | Use digital reminders and don’t leave the process until the last day. ## Immigration Impact of Non-Compliance Paying taxes in Colombia is not only a financial obligation: **it also affects your immigration status**. - Migración Colombia cross-checks information with DIAN. - Tax debts may generate **alerts when renewing your visa**. - The **Foreigner ID (Cédula de Extranjería)** may be delayed if your RUT and tax obligations are not up to date. - In serious cases, it can become an obstacle to obtain a **Resident Visa (R)** or **Colombian nationality**. ## Frequently Asked Questions (FAQ) **Can I avoid double taxation with the tax residency certificate?** Yes, as long as your country has a valid treaty with Colombia. **How long does it take DIAN to issue the tax residency certificate?** On average 10 business days, but it may take longer if your RUT is not updated. **What happens if I don’t file taxes as a tax resident?** The minimum sanction is 10 UVT (≈ COP $510,000), plus interest and possible immigration blocks. **Do I have to declare foreign income as well?** Yes, if you are a tax resident, you must pay taxes on your **worldwide income**. ## Conclusion Taxation for foreigners in Colombia requires more than just filing a form: it involves **tax, immigration, and documentation planning**.