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The Superintendency of Industry and Commerce, in its role as the national authority for the protection of personal data, issued a mandatory order to the companies ByteDance Ltd, TikTok, Inc and TikTok Pte. Ltd. to implement measures in accordance with the Colombian standard in the proper processing of personal data.
The decision was made, through Resolution 62132 of October 5, 2020, after determining that the Information Treatment Policy (PTI) of Tiktok de ByteDance Ltd, company domiciled in Beijing (China), 47.37% fail to comply with the requirements required by Colombian regulation. Additionally, the PTI applicable to Colombia is not written in Spanish, which makes it difficult for everyone to understand the rules on the processing of their personal data.
On the other hand, it was found that Tiktok It does not meet 58.33% of the requirements demanded by Colombian regulations regarding what people must be informed of before obtaining their authorization to be able to collect and use their personal data. TikTok owns and processes Personal Data of 12,447,549 users domiciled or resident in the Republic of Colombia, of which 1,933,835 are of boys, girls and / or adolescents.
Due to the above, the SIC officially initiated an investigation to verify if TikTok complied with Colombian regulations regarding the collection and use of data on children and adolescents (NNA). The investigation took into account the decision of the Federal Trade Commission of the United States regarding the collection of data from minors.
The Superintendency of Industry and Commerce was able to establish that TikTok uses “cookies” to collect or process personal data in national territoryTherefore, Law 1581 of 2012 is applicable because it collects or captures personal data through a tool that is installed on mobile devices and computers located in Colombia.
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