Software as a Service and Habeas Data : An Approach from Private and Constitutional Law in Colombia
Derecho y políticas públicas
Theme and scope: This reflection paper aims to analyze personal data processing in Colombia by
companies that offer software as a service (SaaS), especially the regulation regarding habeas data
in Colombia and related principles established by case law.
Characteristics: Various contractual types are analyzed from private law and the importance of regulat-
ing personal data processing in the platforms providing the SaaS service is determined, based not only
on constitutional principles, but also on the use of private law regulations.
Findings: The application of constitutional principles plays a significant role when regulating the con-
tractual types of technology companies, although contracts are also crucial according to the principles
laid down by the law and case law on personal data.
Conclusions: We could demonstrate the importance of determining product ownership and data own-
ership, as well as the relevance of stipulating these aspects in the technological platforms using the
SaaS model to operate in Colombia.
