We are all familiar with the Superintendence of Industry and Commerce, also known as the SIC; however, we are unaware of the functions fulfilled by this administrative and jurisdictional authority.
What does the superintendence of industry and commerce do
Consumer protection:
This entity is responsible for recognizing consumer rights to safety, health, and protection of legitimate economic interests, as well as to information and participation.
In this regard, the Superintendence is responsible for monitoring compliance with the provisions contained in the Consumer Statute, Law 1480 of 2011. Accordingly, it processes complaints filed and initiates investigations ex officio aimed at establishing violations thereof. In this area, it has three powers:
- Administrative: to order the suspension of illegal conducts
- Sanctioning: to repress violators
- Jurisdictional: to resolve matters concerning the presumed minimum warranty.
It is important to note that this entity will also be responsible for investigating and deciding on complaints related to non-compliance with services by tourism service providers. Additionally, it will supervise and control compliance with promotional game regulations, verifying that consumer protection regulations (Law 643 of 2001) are applied during their execution.
Industrial Property:
The Superintendence of Industry and Commerce is responsible for resolving disputes and recognizing rights related to new creations, including patents for inventions, utility models, industrial designs, and integrated circuit layout designs.
Furthermore, the SIC grants merchants rights over the distinctive signs of their products and services in the market, such as trademarks, slogans, trade names, and commercial emblems.
Control and verification of technical regulations and legal metrology
The Superintendence is responsible for establishing permissible tolerances for metrological control and defining the requirements applicable to models or prototypes of measuring instruments and standards, as well as approving their commercialization. Additionally, it determines the multiples and submultiples of the legal units of measurement of the International System of Units, legal units not covered by the SI, and customary units of measurement.
The function of the Superintendence of Industry and Commerce (SIC) is not limited to regulating technical and metrological aspects; it also exercises sanctioning authority.
Also, through the Investigations Directorate, it will conduct administrative investigations of manufacturers, importers, producers and marketers of goods and services subject to compliance with technical regulations and for violation of provisions related to legal metrology, and may impose the corresponding measures and sanctions.
Functions of the SIC in relation to the Chambers of Commerce
The Superintendence of Industry and Commerce (SIC) has the following responsibilities with respect to the Chambers of Commerce:
- Regulation of the single registry of bidders: Establishes the regulations for this registry.
- Definition of commercial registry operations: Determines the operating rules.
- Supervision of commercial registry information: Establishes the frequency with which the Chambers of Commerce must report on the registry.
- Administrative and accounting oversight: Supervises the management and accounting of the Chambers of Commerce.
- Election supervision: Monitors the election processes of the boards of directors.
- Handling inquiries: Resolves questions related to this area.
Protection of personal data
The Superintendence protects the fundamental right of Habeas Data, that is, the right of citizens to know, update, and rectify personal data. This protection is governed by Law 1266 of 2008, which applies to all personal, financial, credit, commercial, and service data recorded in a database.
It is necessary to take into account that the Superintendency, through the Directorate of Investigation of Personal Data Protection, will exercise the surveillance of operators, sources and users of financial, credit, commercial and service information, as well as information of the same nature coming from third countries, as regards the activity of personal data management.
It may also order the correction, updating or removal of personal data from a database, when so determined within the investigation, and shall administer the National Public Registry of Databases.
Jurisdictional matters
The Superintendence, through the Delegation for Jurisdictional Matters, has the authority to exercise jurisdictional functions in first or sole instance for consumer protection.
- Order the effectiveness of the guarantees of goods and services established in the consumer protection regulations (Law 1480 of 2011) or the contractual ones if they are more extensive.
- Impose successive fines in accordance with the law for non-compliance with the orders of effectiveness of guarantees issued.
A specific example in consumer protection would be:
A consumer purchases a defective washing machine and the store refuses to honor the warranty. The SIC, in the exercise of its jurisdictional functions and applying Law 1480 of 2011 (Consumer Statute), determines that the product was defective from the time of purchase. It orders the replacement of the product and, in case of non-compliance, may impose successive fines.
The Superintendence of Industry and Commerce (SIC) plays an essential role in the Colombian market: it regulates technical and metrological aspects, monitors compliance with regulations, protects consumer rights, and exercises sanctioning and jurisdictional powers when necessary. Its work not only guarantees transparency and fair competition among companies, but also ensures that consumers receive quality goods and services, with fair and accurate measurements.
Thus, understanding what the SIC is and what its functions are is key for business owners and legal professionals, as well as for consumers and citizens seeking to protect their rights on a daily basis.
