Platform Regulation (e.g., Uber, Airbnb)

Regulation of digital platforms in Colombia focuses on short-term rentals and ride-hailing services.

Last updated: 7/20/2025
Reading time: 15 min

Regulation of Digital Platforms in Colombia: A Focus on Short-Term Rentals and Ride-Hailing Services

In Colombian law, digital platforms refer to online services that facilitate peer-to-peer transactions, such as short-term rental accommodations (e.g., Airbnb) and ride-hailing services (e.g., Uber). These platforms operate as intermediaries that connect service providers with consumers, but their legal classification—whether as mere technological facilitators or as direct service providers—determines the scope of applicable regulations. The Colombian legal system seeks to regulate these platforms to ensure consumer protection, fair competition, and compliance with existing sectoral laws, while fostering an environment conducive to technological innovation.

For Short-Term Rentals (e.g., Airbnb)

  • Decree 2119 of 2018: This decree mandates that all providers of short-term tourist accommodations (rentals of less than 30 days) must register with the National Tourism Registry (RNT) to operate legally. Registration ensures that hosts meet minimum standards for tourism services (Airbnb Help Center).
  • Colombian Tourism Law 2068 and Decree 1836 of 2022: These regulations require hosts to display their RNT registration number in their platform profiles, ensuring transparency and compliance with tourism standards. They also impose obligations to prevent illegal activities, such as child exploitation (Airbnb Help Center).
  • Local Regulations: Municipalities like Medellín and Cartagena have introduced additional requirements, including compliance with hygiene, health, and safety standards, as well as measures to combat child exploitation and trafficking. For instance, Medellín’s government has announced audits to enforce these rules (Medellin Advisors).
  • Building By-laws: Short-term rentals in condominiums require explicit permission in the building’s by-laws, which typically necessitates approval from at least 70% of property owners (Medellin Guru).

    • For Ride-Hailing Services (e.g., Uber)

  • Supreme Court Ruling (2020): The Supreme Court of Justice ruled against Uber, declaring its operations illegal for failing to comply with transportation regulations. The ruling supported claims by taxi unions that Uber’s model constituted unfair competition (Latin America Reports).
  • Transportation Regulations: Colombian law requires transportation services to obtain licenses, meet insurance requirements, and ensure drivers meet professional qualifications. Ride-hailing platforms must adhere to these standards to operate legally.
  • Penal Code Provisions: For both sectors, provisions in the Colombian Penal Code (e.g., Articles 213–219) impose severe penalties for crimes such as child exploitation and trafficking, which platforms must actively prevent (Airbnb Help Center).

    • For Short-Term Rentals

    1. Registration with the RNT: All hosts must register their properties with the National Tourism Registry to operate legally.

    1. Compliance with Building By-laws: Short-term rentals in condominiums require explicit permission from the building’s owners, typically requiring a 70% approval vote.

    1. Adherence to Tourism and Safety Regulations: Hosts must comply with hygiene, health, and safety standards, as well as local tourism laws.

    1. Prevention of Illegal Activities: Hosts are obligated to implement measures to prevent child exploitation and trafficking, with severe penalties for non-compliance.

    For Ride-Hailing Services

    1. Licensing and Permits: Platforms must obtain transportation licenses to operate legally.

    1. Insurance Requirements: Vehicles and drivers must meet mandatory insurance standards.

    1. Driver Qualifications: Drivers must undergo background checks and meet professional standards.

    1. Tax and Labor Compliance: Platforms must ensure compliance with tax obligations and address labor law issues, particularly regarding the classification of drivers as independent contractors or employees.

    IV. Doctrinal Note

    Juridical Principle

    The regulation of digital platforms in Colombia is grounded in the principle of balancing technological innovation with the protection of public interest. This includes safeguarding consumer rights, ensuring fair competition with traditional industries, and upholding societal values such as safety and ethical conduct. By requiring platforms like Airbnb to register with the RNT and comply with tourism laws, and by enforcing transportation regulations on ride-hailing services, Colombian law seeks to integrate disruptive technologies into a framework that preserves legal order and economic equity.

    Interpretive or Practical Tensions

    A central interpretive challenge lies in the classification of digital platforms. Are platforms like Airbnb mere intermediaries facilitating transactions, or are they providers of accommodation services subject to the same regulations as hotels? Similarly, is a ride-hailing platform like Uber a transportation company or a technology service? These questions have profound legal implications. The Supreme Court’s 2020 ruling against Uber classified it as a transportation service, subjecting it to stringent regulations, while Airbnb’s classification as an information society service allows it greater flexibility, though still within the bounds of tourism laws. These differing treatments create practical tensions, as platforms navigate complex compliance requirements while traditional industries argue for a level playing field.

    Human, Ethical, or Political Insight

    The regulation of digital platforms in Colombia reveals a society at a crossroads, grappling with the transformative potential of technology against the backdrop of entrenched economic and social structures. The departure of Uber in 2020, driven by pressure from taxi unions, underscores the political influence of traditional industries and their ability to shape regulatory outcomes. Meanwhile, the classification of platform workers as independent contractors raises ethical concerns about labor rights, as these workers often lack access to social security, health benefits, or collective bargaining rights. This tension reflects a broader societal question: how can Colombia harness the benefits of the digital economy while ensuring equitable treatment for all stakeholders? The emphasis on preventing child exploitation in short-term rentals further highlights Colombia’s commitment to protecting vulnerable populations, a priority rooted in the country’s history of social challenges.

    V. Examples

    Airbnb Example

    A Canadian investor purchases an apartment in Medellín’s El Poblado neighborhood to list on Airbnb. To operate legally, they must first verify that the building’s by-laws permit short-term rentals, which requires approval from at least 70% of the property owners. They must then register the property with the National Tourism Registry (RNT) and display the registration number in their Airbnb profile. Additionally, they must comply with local regulations, including safety standards and measures to prevent child exploitation, such as monitoring guest activities and reporting suspicious behavior to authorities.

    Common Example

    A Colombian resident in Bogotá rents out a spare room in their primary residence on Airbnb. As their primary residence, they may not need building by-law approval, but they must still register with the RNT and adhere to tourism and safety regulations. This includes ensuring the property meets hygiene standards and implementing measures to prevent illegal activities, such as verifying guest identities to comply with laws against child exploitation.

    Special Example

    A property management company in Cartagena operates multiple Airbnb listings across several properties. Each property must be individually registered with the RNT, and the company must ensure compliance with tourism regulations, including hygiene, safety, and fire standards. Given Cartagena’s status as a major tourist destination, the company must also implement robust measures to prevent child exploitation, such as training staff to recognize and report suspicious activities, as mandated by the Colombian Penal Code.

    VI. FAQ Section

    Yes, it is legal to rent out your property on Airbnb in Colombia, provided you register with the National Tourism Registry (RNT) and comply with local regulations, including building by-laws for condominiums and measures to prevent illegal activities.

    2. Why did Uber leave Colombia?

    Uber ceased operations in Colombia in 2020 following a Supreme Court ruling that declared its operations illegal. The court found that Uber violated transportation regulations by not obtaining proper licenses and failing to meet driver qualification standards, supporting taxi unions’ claims of unfair competition.

    3. What are the risks of hosting on Airbnb without registering with RNT?

    Hosting without RNT registration can result in fines, temporary or permanent closure of your listing, and other legal penalties. Registration is mandatory for all short-term accommodation providers in Colombia (Medellin Guru).

    4. Can I use other ride-hailing apps in Colombia now that Uber is gone?

    Yes, platforms like Cabify and EasyTaxi operate in Colombia, but they must comply with transportation regulations, including licensing, insurance, and driver qualifications.

    5. How does Colombian law protect against child exploitation in short-term rentals?

    Colombian law, including Articles 213–219 of the Penal Code, imposes severe penalties for child exploitation and requires hosts to implement preventive measures, such as monitoring guest activities and reporting suspicious behavior to authorities. Non-compliance can lead to civil, economic, and criminal penalties (Airbnb Help Center).

    VII. Glossary Terms

  • RNT (Registro Nacional de Turismo): The National Tourism Registry, where all short-term accommodation providers must register to operate legally in Colombia.
  • Building By-laws: Rules set by apartment buildings or condominiums that may restrict or permit short-term rentals, often requiring a 70% approval vote from owners.
  • Short-term Rental: Renting a property for less than 30 days, subject to specific tourism regulations in Colombia.
  • Ride-hailing Service: A digital platform connecting passengers with drivers for transportation services, subject to Colombia’s transportation regulations.
  • Independent Contractor: A worker classification often applied to platform workers, affecting their access to labor protections such as social security and benefits.

    • VIII. Internal References

  • Tourism Law in Colombia
  • Labor Law and Independent Contractors in Colombia
  • Consumer Protection in Digital Transactions
  • Colombian Penal Code and Criminal Liability