Use of information technologies at the service of law in Colombian “Legaltech”

See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/361262692
REVIEW OF INTERNATIONAL GEOGRAPHICAL EDUCATION Use of
information technologies at the service of law in Colombian "Legaltech"
Article · January 2021
DOI: 10.48047/rigeo.11.05.25
CITATIONS
0
READS
17
7 authors, including:
Some of the authors of this publication are also working on these related projects:
Redes sociales como entornos de aprendizaje para la educación superior View project
Application of a Learning Analytics tool to a Moodle virtual classrooM View project
Jaime Paez
Universidad Cooperativa de Colombia
42 PUBLICATIONS 95 CITATIONS
SEE PROFILE
Jairo Augusto Cortes Mendez
Universidad Cooperativa de Colombia
SEE PROFILE
Fredys Simanca
Centro de Investigaciones AVENIR
SEE PROFILE
All content following this page was uploaded by Fredys Simanca on 13 June 2022.
The user has requested enhancement of the downloaded file.

REVIEW OF INTERNATIONAL GEOGRAPHICAL EDUCATION
ISSN: 2146-0353 ● © RIGEO ● 11(5), SPRING, 2021
www.rigeo.org Research Article
Use of information technologies at the
service of law in Colombian “Legaltech”
Jaime Alberto Paez1
Profesor Investigador Universidad Cooperativa de
Colombia
jaime.paez@campusucc.edu.co
Jairo Palacios Rozo3
Professor at the University Colegio Mayor de
Cundinamarca,
jjpalacios@unicolmayor.edu.co
Jairo Cortés Méndez5
Colombia,
jairo.cortes@campusucc.edu.co
Marco Nieves Ruiz2
Docente Universitario de la facultad de Derecho de
la Universidad ECCI. Correo electrónico
mruizn@ecci.edu.co
Lugo Barbosa Guerrero4
Docente de planta de la Universidad Colegio Mayor
de Cundinamarca,
lmbarbosa@unicolmayor.edu.co
Fredys A. Simanca H6
Colombia,
fredys.simanca@campusucc.edu.co
Abstract
This article develops an analysis of the development of "legaltech" as a business model in the Colombian
legal field; presents the conceptualization of the term, the antecedents, the laws that regulate it, and the
disruptive mapping of the ecosystem of the use of information technologies applied to the exercise of
law in Colombia. With a qualitative approach, and from a documentary analysis that incorporated the
use of analysis matrices, categories and a roadmap; It was possible to identify those relevant studies that
describe the areas where innovation and new disruptive technologies have broken into the legal field to
constitute startups at different levels of legal services, adapted to the new digital trends in law. Likewise,
it allowed the construction of a regulatory framework that has allowed the incorporation and use of these
technologies in the Colombian territory.
Keywords
TIC; Law, Legaltech, Derecho.
To cite this article: Paez, J, A.; Ruiz, M, N.; Rozo, J, P.; Guerrero, L, B.; Méndez, J, C.; and Simanca H, F.A. (2021) Use
of information technologies at the service of law in Colombian “Legaltech”. Review of International Geographical
Education (RIGEO), 11(5), 245-260. doi: 10.48047/rigeo.11.05.25
Submitted: 20-01-2021 ● Revised: 15-02-2021 ● Accepted: 25-03-2021

© RIGEO ● Review of International Geographical Education 11(5), SPRING, 2021
Introduction
The use of information technologies applied to the trading and supply of legal services is a
movement or business model that has been growing in the practice and praxis of this discipline.
Such trend has seen an exponential growth, and market niches demand it in many countries. This
is an unstoppable phenomenon, and countries that do not have the technological comparative
advantage to enter this market should prepare themselves. This new model of legal services is
called Lawtech or Legaltech, that is, technology applied to the trading and supply of legal
services.
In his considerations, (Peña, 2017b) exposed that law or the practice of law has been
characterized by slowly adapting to the use of technologies throughout history, with great
challenges for this discipline required today to adapt in an agile way to the new needs of the
modern world. Time and speed have changed, especially in the practice of business law; in a
market where access to technologies is direct, nations such as Canada, USA, UK, France, Spain,
or Nordic countries are at the forefront. This global trend of innovation in law has been penetrating
other territories of the world (Baker, 2018).
Legaltech has facilitated the provision of services in the legal industry. It has placed the client as
an essential element in the marketing of legal services. Accordingly, Legaltech has helped
establish new models of connection between the client and the lawyer and has allowed “to
finance legal processes, enhancing the use of technologies within law firms, giving legal certainty
to documents” (Ortega, 2020).
However, what do we understand by this concept? Legaltech can be understood as “legal
technology”—the implementation of technologies in the legal field. It can be used as a support
tool as well as a mechanism to simplify and streamline the services offered by lawyers and the
systems that constitute different work areas. Legaltech manages to shorten timeframes and
automate basic and repetitive processes of the service. Through this, Legaltech helps streamline
tasks or implement new procedures that contain levels of complexity, such as forecasting the
results of litigation through intelligent predictive analytics, among others. These types of tools
already exist in the market, and the main ones are used to “digitize, automate, and enhance
judicial tasks of different types” such as cloud or cloud computing, RPA understood as robotic
automation processes, artificial intelligence, Bigdata, and Blockchain” (Olarte, 2020).
An Approach to The Evolution of Legaltech in The World
According to Olarte (2020) Legaltech originated in the 90's with the contributions made in the
entrepreneurial ecosystem of Silicon Valley, specifically at Stanford University. This dates back to
the creation of Codexm, i.e., “The Stanford Center for Computers and the Law, an interdisciplinary
research center for computer science operated by the schools of Law and Engineering.”
According to the author, at that point in time, “the first startups seeking to solve the problems or
challenges of legal operators began to emerge.” Guillermo Miranda, CEO of Lucius Report,
argued that “Codex is an unparalleled initiative in the world; they have determined the future
law.”
These tools have changed access to legal counseling services, a new business model that,
according to the author, is highly lucrative and requires specialization in the practice of law. In
addition, these types of tools accelerate the service or processes of law, usually characterized as
being slow. At this point in the development of Legaltech, knowledge about the discipline such
as statutes, regulatory frameworks, and precedent were codified and made available to the
practice (Olarte, 2020).Furthermore, by 2000, the growth of the tool considerably increased but
was limited to the market in some countries as was the case in the USA, where the increase in use
by companies was 84% by 2010. Such growth did not occur in other territories of the continent,
until Stanford University consolidated a global network between universities that had the ability to
articulate processes among computer science, engineering, and law; Colombia is an example to
consider (Cendra, 2020).
According to Cendra (2020) the development of this new term was observed in Europe among
countries with a similar legal system (Common Law), such as Holland, the United Kingdom, and
Germany. Subsequently, the concept was developed in other countries in Europe with successful
cases of rapid adaptation, such as Spain, positioned as a Legaltech Hub center that played an
246

Paez, J, A.; Ruiz, M, N.; Rozo, J, P.; Guerrero, L, B.; Méndez, J, C.; and Simanca H, F.A. (2021) Use of informati …
important role to transfer this movement to Latin America. Perhaps, this was because of the native
language and legal contributions to those countries.
Table 1.
Legaltech Development in Latin America
Legaltech Development Cases in Latin America
Peru Chile Colombia Mexico
a. In January 2020,
the electronic judicial
file was launched.
(Judicial Branch of
Peru).
b. The use of a
platform where
judges can issue
resolutions, inform
lawyers about the
status of their cases,
among other basic
functions was
implemented.
c. Legaltech
technologies were
incorporated in the
market. For example,
the Time BillingX
system, "a tool that
offer legal
productivity,
electronic invoicing
and business
intelligence and
reduces errors,
standardizes
processes, facilitates
the uploading of
documents and
identifies the most
profitable clients."
a. In 2020, the
Supreme Court
"established and
regulated
teleworking (records
41-2020 and 42-2020),
supporting the use of
technology in judicial
processes."
In the framework of
the pandemic
"judges, lawyers and
other judicial players
implemented
teleworking except
for urgent or
unpostponable
processes, specifying
the use of Legaltech
tools in Chile for
better remote
management."
b. Legaltech market
tools were adopted.
The use of the
TimeBillingX system
was implemented,
optimizing the "digital
registration of hours,
automating the
billing and collection
management
process, thus
considerably
improving profitability
and transparent
service to the client."
a. The Superior
Council of the
Judiciary "accepted
and encouraged the
use of Legaltech tools
in Colombia to give
continuity to the legal
processes during the
pandemic
(Agreements
PCSJA20-11567 and
PCSJA20-11581)".
b. It "provided judges
and lawyers with tools
such as institutional
email and allowed
them to conduct
hearings virtually."
c. Some firms "had
already anticipated
legal digitalization,
adopting solutions to
stay at the forefront
in the industry."
d. The TimeBillingX
tool entered the
country managing
the "measurement of
employees and
client’s performance,
streamlining
processes and
making an accurate
record of hours
worked. Also, it was
used to manage the
historical information
of clients as a
database, in order to
obtain relevant and
timely insights in the
improvement of legal
processes, thus
demonstrating that
the use of Legaltech
in Colombia
represents a
considerable
improvement to
streamline judicial
systems."
a. "In June 2020, the
National Government
of Mexico issued
Decree 806, which
determined the
measures to
implement CIT in the
judicial
administration. Now,
it is possible for legal
entities to implement
technologies to
process lawsuits,
hearings, appeals in
labor, civil and family
matters."
b. Platforms as
Legaltech tools were
incorporated in the
Mexican market
optimizing "not only
judicial processes,
but also
administrative ones."
The TimeBillingX
system is
incorporated, and
"capturing the hours
worked by lawyers,
encouraging
transparency in the
collection process
and generating
business intelligence
reports has become
a goal achieved. This
Legaltech tool in
Mexico has
guaranteed
organization in the
internal
management of the
firms."
247

Source: Prepared based on the contributions of (Ortega, 2020)
The following table presents the evolution of this concept in some Latin American countries, which
have gradually recognized the importance of Legaltech to develop law and where its use was
imperative due to conditions created by the Covid-19 pandemic. The analysis of these four cases
enables us to conclude that the pandemic has forcibly expedited the use of these tools and that
judicial systems today has highlighted the use of Legaltech. However, the pace of development
of these tools will depend on the installed capacity of each system and the scope determined by
each of the components or nodes that constitute the legal systems—not only those of the state
but also the dynamics established by the academic and productive sectors in the face of digital
transformation (Moses et al., 2021; Wawo et al., 2021).
Fernando Leñero, CEO of Lemontech, quoted by (Ortega, 2020), considered that the boom in the
development of this business model or tool, occurred in 2018, as growth in the use of this method
was seen in legal firms. As a leading company in the development of computer applications,
Lemontech prepared and supplied the tools. One of its first products was “Time billing, a solution
to administer and manage a law firm.” This product evolved and, in a decade, became “Case
tracking,” a new product that “automates the follow-up and management of lawsuits.” This
product was characterized in the market for achieving an exponential development curve. By
2020, it was developed in Chile, Mexico, Peru, Colombia, and the USA. It also established the first
“Legaltech Summit of Latin America” with more than 600 lawyers.
Thus, it is possible to incorporate models of exponential growth, scalability, and agility that involve
criteria not only of efficiency but of effectiveness when these respond as tools to solve universal
needs, with a significant level of sustainability, thereby reducing the risks of considering the use of
the tools as the end of the law.
The guidelines of the Oslo Manual (Oslo, 2005) conceptualize Legaltech as the activity that “deals
with the innovative attitudes and activities of the company as a whole... and the scope of the
various innovation activities, especially examining the results and effects of innovation.” Jiménez
et al. (2007) proposed that these approaches were the result of the analysis of the research and
development capabilities that existed in the region, with a strong focus on the development of
networks and cooperation schemes.
The aforementioned facts demand challenges for law education in Latin American nations. This
has been ratified by the report ‘Developing a Blueprint for Global Legal Education’ and the report
presented by the International Bar Association, the Law Schools Global League, and IE Law School
in 2020. These reports exposed that “97% of law schools in Latin America offer low training in terms
of legal technologies, which causes lawyers to be distant from the digital world from the very
beginning.” This is a concern for the demand for competencies and business models of Legaltech
characterizing the market. A need that should be a priority nowadays (Peláez-Pier, 2020).
Legaltech Concept and Background in Colombia
In Colombia, the concept of “Legaltech” was incorporated in recent years and is conceptualized
as those “innovative proposals for the development of processes, skills, or different applications
that change pre-set concepts within the market and are capable of modifying well-established
industries and entrenched techniques” (Day & Schoemaker, 2001).
As indicated in Table 1, the technological development implemented in the Judicial Branch and
administrative entities with jurisdictional powers have been decisive for “the conceptualization,
background, laws and legal documents as well as for a disruptive mapping of the usage
ecosystem of information technologies applied to the exercise of law in Colombia,” allowing the
construction of the concept in itself but decreasing the opportunity for development that was
expected almost a decade ago.
Today, in Colombia, the adaptability of the judicial system and the market of online consultancies
to the use of Legaltech as models for the legal practice is a reality, expedited by the pandemic,
but necessary for the trend and development of law to move forward in this era. Therefore, as
expressed by Sullivan (2016), Legaltech arrived as technology tools that support, complement, or
replace traditional methods in the provision of legal services, optimizing the way in which the
justice system operates and the client is perceived. According to the author, in Colombia, they
are applied as mechanisms such as the foundation of digital evidence, management software
(contracts and judicial processes), legal research, compliance, trademark patents, analysis and
248

review of contracts, document and process automation, online legal services, training, and
marketplace. However, Legaltech has not been applied in the magnitude required by the
adaptability to change, but they have entered the market.
However, this phenomenon has evolved since 2013, when the concept emerged with the
opening of the Center for Innovation in Law at Universidad Sergio Arboleda, as the first steps
related to Legaltech in Colombia. The following table presents the historical background
describing the evolution of Legaltech in Colombia from 2013 to 2020.
Table 2 –
Background of “Legaltech” in Colombia
2013 Creation of the Legal Innovation
Center
Universidad Sergio
Arboleda
LegalTech Started
2014 Presentation of the document
entitled "Innovation and
Entrepreneurship in Colombia:
Balance, Perspectives and Policy
Recommendations, 2014-2018."
2015 Creation of "LegalAPP" of the
Ministry of Justice, an electronic
tool for all citizens who need to
carry out a procedure or service
related to Justice.
2015 The Legal Hackers movement
started to be present in
Colombia.
2015 Creation of the digital platform
"SIC" to enable communication
between consumers and
suppliers, streamline processes,
avoid lawsuits, and thus be able
to reach settlement agreements
easily and quickly, with direct
contact between them and
mediated by the super industry.
Legal Hackers Application of technology,
innovation and the
generation of dynamic
enterprises to level up with
the rest of Latin American
countries.
Ministry of Justice Incorporation of new
electronic tools
Legal Hackers Movement or trend initiates
Ministry of Justice Incorporation of electronic
tools
2015 First Legaltech products in
Colombia f: legal research,
platforms for consultation of
rules, legal documents and
management software.
Legaltech
Companies
First Legaltech products
2016 by LATAM, new Colombian
Legaltech products enter the
market.
LATAM New Legaltech products on
the Colombian market
2018 Creation of SIARELIS, a system
based on artificial intelligence for
the resolution of corporate
litigation.
Republic of
Colombia "Public
Sector- The
Justice of
Colombia".
Beginnings of artificial
intelligence incorporation
2020 The Colombian Association of
Legaltech (Alt+Co) is created.
Private Sector Processes of associativity
2020 Management of an ethical
framework for the development
of Artificial Intelligence in the
country, applicable to the public
and private sector.
Republic of
Colombia "Public
Sector
Regulatory framework of
ethics for artificial
intelligence
2020 Leap to digital: Pretoria Program Constitutional Program applicability
249
Year Legaltech Background Agent Contribution

Court of
Colombia
2020 First map of Legaltech in
Colombia.
2020 Legaltech Day: Legaltech
solutions for companies, with
success stories from Spain and
Colombia.
2020 Publication: training related to
law and new technologies
provided by Colombian public
and private universities.
2020 Colombia's Justice: use of
artificial intelligence system -
Pretoria- reads, detects, predicts
and elaborates summaries on
thousands of sentences.
2020 Initiative of Centro de Estudios
de Derecho Procesal and the
startup "Imaginamos", "court of
the future" using an AI to solve
judicial processes related to
debts.
Legal Hackers
Colombia
Law School of
Universidad de
Antioquia.
Universidad de
Colombia.
Universidad de los
Andes. Legal
Innovation
Laboratory
Republic of
Colombia "Public
Sector- The
Colombian
Justice System".
Private Sector
Mapping and market
characterization
Research
Research
Use and implementation of
technological tools
Research from the private
sector
2020 During the month of August,
Colombian Legaltech Olimpia IT
launched the platform "Mi Firma"
to facilitate digital signature
processes in contracts and many
other documents.
Private Sector Technological tool - digital
signature
2020 In addition, we can highlight how
the National Government,
through Decree 806 of 2020,
ordered temporary measures for
the access to Justice through
virtual means and improve the
agility in judicial processes
protecting judicial servers and
users.
Decree 806 of 2020, ordered
temporary measures for the
access to Justice through virtual
means and improve the agility in
judicial processes protecting
judicial servers and users.
2020 Favorable opinion for the Nation
to contract an external public
credit operation with multilateral
banks for up to USD 100 million, or
its equivalent in other currencies,
to finance the program for the
digital transformation of justice in
Colombia in its phase one.
2020 The presidency issues guidelines
Republic of
Colombia "Public
Sector- The
Justice of
Colombia".
Presidency of the
Republic
DNP, Conpes
Document 4024,
Mar. 8/21.
The National
Council of
Economic and
Social Policy
(Conpes)
Regulation and generation
of a regulatory framework
on the use of cloud services and The Presidency of of a regulatory framework
250

2021
artificial intelligence in public
entities in order to provide
reliable digital environments for
public entities, reduce operating
costs, accelerate innovation and
improve their procedures and
services.
The presidency issues guidelines
on the use of cloud services and
artificial intelligence in public
entities in order to provide
reliable digital environments for
public entities, reduce operating
costs, accelerate innovation and
improve their procedures and
services.
the Republic,
through
Presidential
Directive 03,
dated March 15,
2001.
Source: Prepared by the authors based on (Legaltech, 2020)
Table 3 –
Mapping of the Legaltech ecosystem in Colombia – Type of Services
Legaltech Amount of the Type of Service in Percentage (%) of the
Type of Services Colombia Legaltech Type of
Service
Digital evidence 9 8%
Management software 29 24%
(contracts and Legal Processes)
Legal research 37 31%
Compliance 3 3%
Trademark patents 1 1%
Contract analysis and review 1 1%
Document and process 6 5%
automation
Online legal services 20 17%
Training 7 6%
Marketplace 4 3%
Other 3 3%
Total 120 100%
Source: Prepared by the authors based on (Legaltech, 2020)
This visualization of the development of Legaltech allows to infer that although its origin was
centered in academy, its use has incorporated areas in the regulation and use of tools. However,
it is important to delve into whether these tools are local or adapted from countries with great
developments in the subject. Cárdenas (2013) analyzed that the technological developments in
the Judicial Branch and administrative entities with jurisdictional powers were supported by
Presidential Directive 04 of 2012, indicating that “the entities should review their processes and
process flows to determine which of them were critical and incorporate the use of CITs.” Moreover,
with the compliance of the law on electronic commerce and its decrees and regulatory
standards that required permanent regulatory processes, Legaltech represented a necessary step
not only in the design of justice systems but also in the practice of law. It also became a way to
rethink the training of lawyers. This created the need to investigate its conceptualization based on
academy, the background that would provide elements for the creation of laws and legal
documents. An important exercise was the disruptive mapping of the usage ecosystem of
251

The mapping of the “Legaltech” ecosystem presented by the firm in April 2020 publicized the
services developed by companies with great track record and national or international
entrepreneurships and envisioned a window to the knowledge management that is being
developed by the Legaltech industry in Colombia. It presents 9 tools for the management of digital
evidence, 29 of management software (contracts and judicial processes), 37 of legal research,
20 of online legal services, 7 of training, 6 of document and process automation, 3 of compliance,
4 of marketplace, 1 of patent trademark, 1 of analysis and review of contracts; and 3 of other, as
recorded in the following table and figures.
Figure 1 –
Map of Legaltech in Colombia
Source: Retrieved from Legal Hackers 2020. www.legalhackerscololombia.org
Figure 2 –
Types of Legaltech services in Colombia.
The main lines of services of the map are the following: Digital evidence, Management software
252
information technologies applied to the practice of law in Colombia, developed by members of
the Legal Hackers community, to transform the provision of legal services through the
development of technological tools.

(contracts and legal processes), Legal research, and online legal services. This exercise enables
to identify not only market trends but also the paths that should be prioritized as axes of
intervention by academia, professional groups and associations, firms, and the state itself to
position the country within Latin America as well as achieve the correct articulation in our country
between law, justice, and CIT. Furthermore, the characterization processes were established to
identify 49 companies that offer services or are related to Legaltech in the country, with a higher
concentration in Bogota, which represents 67% of the projects (33), followed by Medellin (6),
Pereira (3) and Manizales (3), Cali (2), and finally cities such as Sucre (1) or Santander (1). The
exercise enables the identification of territories with a great potential because a market has not
yet been developed. However, these go hand in hand with the positioning indexes of soft skills
and the use of CIT.
Figure 3 –
Legaltech projects in Colombia in relation to the territory.
These tools, according to the mapping study, are concentrated in 6 categories: 1) management
software for law firms and lawyers, 2) platforms to acquire and/or generate online contracts, 3)
intermediation platforms for lawyers to make themselves known and for clients to find the
professional they need (the so-called legal marketplaces), 4) platforms to solve legal consultations
and carry out online claims, 5) digital evidence, 6) services to automate legal processes.
These tools are a reality, and they are the basis for the development of new labor competencies
and new schemes or legal business models. It is an inevitable leap that can no longer be reversed
and which, on the contrary, generates new opportunities for the development of the professional
practice of law and the exponential business models that may arise from it.
Information Technology Laws and Legal Documents at the Service of the Law in
“Legaltech” Colombia
Undoubtedly, the evolution of a legal framework has been fundamental in the process of digital
transformation in the world, and this trend is no exception for Colombia. However, the adaptability
and demand for digitization and use of technologies caused by the Covid-19 pandemic in 2020
accelerated the process of incorporating technology in Colombian law. With this, the regulatory
processes were contemplated in the country's regulatory system, as was the digital justice, with
Decree 806 of 2020, an unlikely transformation until 2019. Moreover, the consolidation of regulatory
bases for economic transformation includes “the Entrepreneurship Law (L. 2069/20) and the
Conpes 3995, 4011, and 4012 documents on national policies about trust and digital security,
entrepreneurship and e-commerce, respectively” (Flórez, 2020).
As indicated in Table 4, this adaptation process encouraged “regulatory sandboxes in terms of
promotion of fintech and data privacy”. For this period, the reform of the Procedure and
253

Administrative Disputes Code was approved with modifications and contents that transformed
notifications as well as electronic venues and petitions through digital channels. “Good practice
guides in advertising through influencers and the correct treatment of photographs as personal
data were launched, in addition to other important legislative and regulatory changes in the
Legaltech field” (Flórez, 2020).
In constitutional terms, articles 15, 20, 214, 229, and 333 facilitate the development of structural
elements. First, article 15 facilitates the development of the fundamental category of the right to
personal and family privacy and good name, also known as Habeas Data. Article 20 protects
freedom of expression, one of the main guarantees for commerce.
Table 4 –
Legaltech Framework of Reference in Colombia, with the different national legal sources.
Article 15 of the
Political
Constitution
Article 20 of the
Political
Constitution
Political
Constitution of
Colombia [Const].
Art 214,229, of July
1991 (Colombia).
Article 333 of the
Political
Constitution
Fundamental status is given to the right
to personal and family privacy and to
one's good name, also known as
Habeas Data.
It protects freedom of expression, which
is one of the main guarantees for
commerce.
Political Constitution of Colombia
[Const]. Art 214,229, July 1991
(Colombia).
"Economic activity and private initiative
are free, within the limits of the
common good. Prior permits or
requirements may not be demanded
to exercise this right, without
authorization by law."
Creation/conception of law
creation/conception of law
Legal Framework Description
Law 527 of 1999, Referred to as the law of electronic
commerce, it establishes the "principle
of functional equivalence" between
electronic and handwritten signatures,
and between data messages and
written documents. It also establishes a
series of rules for the certification of
digital signatures and it creates
Certification Entities.
DECREE 806 OF
2020.
Measures are adopted to implement
information and communication
technologies in legal proceedings, to
speed them up and to make the
service provided to users of the justice
more flexible, within the framework of
the State of Economic, Social and
Ecological Emergency. June 4, 2020
The administration of justice
Law 2080 of 2021 Whereby the Code of Administrative
Procedure and Contentious-
Administrative Law 1437 of 2011 is
reformed and other provisions are
passed regarding decongestion in the
254
Constitutional
Framework
Description Governing Legal Branch

processes that are dealt with before
the jurisdiction. January 25, 2021.
AGREEMENT
PCSJA20-11532 OF
APRIL 11,
2020HIGHER
COUNCIL OF THE
JUDICIARY.
DECREE 491 OF
2020
AGREEMENT
PCSJA20-11567
DECREE 806 OF
2020
Article 91 of Law
633 of 2000
Protection of
personal data
Suspension measures are extended, as
well as their exceptions, and other
measures are adopted for public
health reasons. April 11, 2020.
Emergency measures are adopted to
guarantee the attention and rendering
of services by public authorities and
individuals performing public duties,
and measures are taken for the
protection of labor and service
contractors of public entities, within the
framework of the State of Economic
Emergency. March 28, 2020.
"Measures are adopted for the lifting of
legal terms and other provisions are
issued for reasons of public health and
force majeure". June 05, 2020
Measures are adopted to implement
information and communication
technologies in legal proceedings,
expedite legal processes and make the
services provided to users more flexible,
within the framework of the State of
Economic, Social and Ecological
Emergency.
It states that all web pages and internet
sites with origin in Colombia, which
operate on the internet and whose
economic activity is commercial,
financial or of service rendering must
be registered in the Commercial
Registry and provide the DIAN with the
information it deems relevant.
The Colombian legal system gives
constitutional status (and it therefore
becomes a fundamental right) to the
protection of the right to personal and
family privacy and good name, and
the protection of personal data,
essential for the trust of citizens in
eCommerce, through the fundamental
right of Habeas Data. There are rules
governing this right, namely: certain
requirements to protect and regulate
this right:
Law as a tool for market
operation
operation
Administration of justice
operation
Law 1266 of 2008 Special regime for financial services -
databases intended to calculate the
credit risk of individuals.
Law 1581 of 2012 General regime for the protection of
personal data, related to
extraterritoriality, the regulation of
crypto-assets, the implementation of
online dispute resolution mechanisms,
the regulation of artificial intelligence
operation
operation
applied to different fields of
255

development, smart contracts and the
relationship between technology and
private law, intellectual property and
digital media, among many other
topics, which will increase at the
forefront of the legal profession.
Decree 806 of
2020
Constitutional
Court,
Communication-
Judgment C-420,
Sep. 24/20.
Framework Law on
Electronic
Commerce Law
527 of 1999
The Ministry of Justice issued a series of
measures to implement information
and communication technologies in
legal proceedings, streamline them
and make the service provided to users
more flexible, all within the framework
of the state of emergency.
Decree 806, which adopted
technological measures to speed up
legal processes, is conditioned.
The Framework Law on Electronic
Commerce generated the principle of
functional equivalents of signature,
original, writing and conservation,
which has allowed the use of data
messages in the public administration
and the administration of justice.
operation
Law 2052 of 2020 "Cross-cutting provisions are established
for the executive branch of the
national and territorial levels and for
individuals who perform public and/or
administrative duties, in relation to the
streamlining of procedures and other
provisions." CHAPTER III, DIGITAL CITIZEN
SERVICES https:
://www.funcionpublica.gov.co
/eva/gestornormativo/norma_pdf.php
?i=140250
operation
Electronic
Signature
Framework Law
Electronic
Transmittable
Document
Framework Law
Its purpose is to enable and facilitate
the use of electronic signatures by
defining technical reliability criteria for
the equivalence of electronic and
handwritten signatures.
This framework law will enable the
annotation, custody and registration of
electronic securities, where the role of
centralized securities depositories will
have to be defined.
operation
operation
Law 527 of 1999 It is the central regulation in the field of
electronic commerce, which brings the
framework law of electronic commerce
and electronic signature of UNCITRAL to
Colombia.
operation
Decree 019 of
2012
Decree 333 of
2014
It regulates fundamental aspects of the
consultation to the biometric
databases of the RE-NECs and
broadens the functions and/or faculties
of the digital certification entities.
It regulates the digital certification
entities, updating Decree 1747 of 2000.
256
operation
operation

Law 1753 of 2015 National Development Plan of the
Government of Colombia, which
highlights the importance of defining
the electronic authentication model in
Colombia.
operation
Decree 1413
of 2017
Decree 1078 of
2015 Information
and
Communications
Technologies
Sector is added
Law 1341 of
2009
Law 1437 of
2011
General Code of
Procedure
Guide to
electronic
document
and files
Law 1231 of
2008
Law 962 of
2005
Law 1474 of
2011
It defines the model of digital citizen
services for Colombia, bringing the
concepts of electronic authentication,
citizen folder and electronic offices.
Integrated version with amendments.
This version includes the changes
introduced to the single regulatory
decree of the information and
communications technologies sector as
of the date of its issuance.
Last update: November 3, 2020
It defines the principles and concepts
on the information society and the
organization of the ICT Sector.
Code of Administrative Procedure and
Administrative Disputes that
incorporates a chapter (IV) for the use
of CIT in public administration,
subsequently regulated by Decree 1413
of 2017.
It defines the possibility of sending
electronic notifications in legal
proceedings and admits the data
message considering it as an authentic
document.
Reference document created by the
Ministry of ICT that indicates how an
electronic file should be created.
Invoices are unified as a security and
the possibility of the circulation of
electronic securities is established.
Provisions are adopted on the
rationalization of administrative
formalities and procedures.
Regulations are passed to strengthen
the mechanisms for the prevention,
investigation and punishment of acts of
corruption and the effectiveness of the
control of public management.
operation
operation
operation market operation
Law
Creation/Conception
Law
Creation/Conception
operation
operation
Law
Creation/Conception
Law
Creation/Conception
Law 1581 of
2012
Law for the protection of personal data. Law Creation/Conception
Law 1712 of
2014
Decree 415
of 2016
Decree 2609
of 2012
The law of transparency and the right of
access to national public information is
created.
It establishes the guidelines for
institutional strengthening in the area of
CIT.
It reinforces the use of electronic
documents and re-regulates Law 594 of
2000, which enabled the electronic
Law
Creation/Conception
operation
operation
preservation of documents.
This legal ranking helps infer that the structural legal framework that helps developing Legaltech
257

in Colombia emerged in parallel and those conditions exist to boost its development. However,
despite being organic due to the conditions demanded in the current reality, the process requires
planning and alignment of the different legal sectors that contribute to its structuring and to the
vision that we have as a country to achieve changes that ensure and allow the development of
this new market, and of the law itself, as stated by Rojas (2020).
“Legaltech will be an element shaping new law based on the 3 guiding areas of this
activity: (i) the creation/conception of law, (ii) the administration of justice; (iii) law as a
tool for market operation (incentive, disincentive and as a tool to decrease transaction
costs)."
This approach is visible when analyzing the evolution of Legaltech in Colombia (Table 4), which
focuses on these three areas. In view of this premise, validated by analyzing the basis and scope
of the identified legal frameworks, Rojas (2020) considered the following is worth mentioning:
"... law, since its beginnings, is the product of a joint assignment of value to precepts and
social agreements, which helped standardize the accepted and social use of certain
behavior parameters. Then, its value was transferred to the markets and it became a
transactional element of life and commerce, decreasing to a great extent the high
transaction cost that we find in a chaotic reality. Finally, with the rise of commerce and
the Internet, the need for a more efficient exchange of culture, commerce and
information arises, thus, law has tended to move, to transform and accept, at least in rigid
legal traditions such as ours, technology as a basis for operation, always under two market
basic assumptions, efficiency -or adding value to the final product- and trust. Current law,
at least that of the Roman-Germanic tradition, has rules with parameters set by
governments according to the primary constituent, where its hierarchical and
deconcentrated administration is entrusted to different branches of power (legislative,
executive and judicial), which implies a system of autonomous counterweights and
articulated operation through mechanisms of decentralization, deconcentration and
regulatory power derived in different stages of the law-making process..." (Rojas, 2020).
Role of Lawyers in Legaltech Models
The new generation of lawyers could consider this scenario to be promising, with advantages both
for consumers of legal services (clients) and for the law itself. However, scholars have argued that
the use of technologies puts at risk the practice of law and that it could lead to its disappearance.
Nonetheless, from a more optimistic approach, Peña (2017a) ensured that tools such as “cloud
computing, online platforms, Big Data, the Internet of Things, artificial intelligence, blockchain and
others” applied to the legal profession will bring in revolutionary conditions to “expand legal
service markets and perhaps be a factor of democratization.” Legaltech will be a revolution; it will
adopt new technologies in a convergent way that will be determinant in the disruption of law.
This disruption of Legaltech ventures will increase the efficiency of the practice by reducing
production costs.
Along those lines, “rationalizing costs, improving internal processes, increasing the capabilities of
lawyers, optimizing the response capacity and in general, being more flexible,” in the model of
Legaltech1 Companies, will generate benefits in small and medium-size law firms. It will also create
alternative models of legal services that have a direct impact on clients and will tend to “optimize
the relationship between in-house counsel and their legal advisors” (Peña, 2017b). The author
argued that the trends emerging in the wake of digital transformation and nascent Legaltech
entrepreneurship are as follows:
"a. The renewed strength of traditional firms. Latin America has regionally powerful firms
with hundreds of lawyers and with local and regional markets. Many of them have joined
global firms or are on the way of doing so. One of the major benefits of these alliances or
258

partial or total sales to foreign firms is the incorporation of good working practices and
technological tools for billing, security of information systems and communication with
clients. Considering the costs of any investment in technology, powerful law firms with their
parent companies abroad find a possibility to increase their strength and predominance
in the market." (Peña, 2017b).
"b. New generations of lawyers as a workforce. The different generations of lawyers who
are joining firms have grown up within the digital ecosystem. Much of the daily practice of
their tasks and their relationship with partners who are over 40 years old is causing clashes,
friction and early terminations." (Peña, 2017b).
Therefore, Peña (2017a) concluded that “Firms that do not evolve quickly to meet the demanding
expectations of young talent will be left without the best of the technological generations to
come. The current disruption is not only technological but in the labor market.”
Methodology
This research follows a qualitative approach based on a documentary analysis and the
application of analysis matrices and categories.
Conclusions
In view of the analysis, we can conclude as follows:
1. The disruptive mapping of the information technologies ecosystem usage applied to the
practice of law in Legaltech Colombia represents significant progress in terms of the needs in the
design of traditional justice systems, which promotes democratization in terms of access to
Colombian justice.
2. The Colombian justice system is undergoing a transformation and optimization of
processes through the use of new technologies.
3. Colombia has a set of regulations that allows for the development and management of
technologies in the justice administration system, as well as in other areas of law such as
commercial and electronic law, and their guarantee as fundamental rights.
4. The application of different technologies in the legal profession depends on the area
(consulting, advisory, or litigation); therefore, the categories of services are directly related to
categories such as Digital evidence, Management software (contracts and legal processes),
Legal research, Compliance, Trademark patents, Analysis and review of contracts, Document
and process automation, online legal services, Training, and Marketplace.
5. Legaltech will be an element shaping the new law based on the three guiding areas of
this activity: the creation/conception of law, the administration of justice, and law as a tool for
market operation (incentive, disincentive, and as a tool to reduce transaction costs).
6. In summary, the future of Colombian Legaltech will grow and will be nationally developed
with governmental promotion both directly and indirectly.
7. The training processes of legal professionals face the greatest challenge since they must
prepare human capital to lead this type of disruption, which is not only technological but also
demands a competitive labor market for innovation and quality.
References
Baker, J. J. (2018). 2018: A legal research odyssey: Artificial intelligence as disruptor. Law Library
Journal, 110(1), 5-33.
Cárdenas, E. R. (2013). Technology and Administration of Justice in Colombia: Certicámara S.A.,.
Cendra, J. d. (2020). The Legaltech Revolution arrives in Latin America. from
https://www.ie.edu/law-school/news-events/
Day, G., & Schoemaker, P. (2001). Management of Emerging Technologies. Research Journal in
Innovation and Technology Management(3), 157-158. doi:
https://dialnet.unirioja.es/servlet/articulo?codigo=7074386
259

Flórez, G. D. (2020). 2021 a key year for Legal Tech. from https://altco.org/2021-un-ano-clave-
para-el-legal-tech/
Jiménez, C., Castellanos, O., & Fonseca, S. (2007). Technological management: from a traditional
approach to knowledge management. . Paper presented at the Considerations and
challenges for Latin America. XII Latin Ibero-American Seminar on Technological
Management ALTEC. , Argentina.
Legaltech. (2020). The status of Legaltech in Colombia. from
https://legaltechies.es/2020/09/02/el-estado-de-la-legaltech-en-colombia/
Moses, D., Wawo, M. I., Ibanga, I. J., & Musa, I. M. (2021). Impact of Information and
Communications Technology Integration on Electrical Installation and Maintenance Work
Trade Teachers in Technical Colleges of Kano State, Nigeria. Middle Eastern Journal of
Research in Education and Social Sciences, 2(3), 111-121. doi:
https://doi.org/10.47631/mejress.v2i3.282
Olarte, C. (2020). The Legaltech Revolution arrives in Latin America, Chile, Mexico and Brazil are
the regional leaders in the application of technologies to provide or commercialize legal
services. from https://legaltechnologyhub.com
Ortega, F. (2020). The development of Legaltech in Latin America. Discover the main Legaltech
solutions in Chile, Mexico, Colombia, Ecuador, Argentina and Peru., from
https://blog.lemontech.com/
Oslo, M. (2005). Guidelines for collecting and interpreting innovation data: OECD and Eurostat.
Peláez-Pier, F. (2020). Developing a blueprint for the future of global legal education. Blueprint for
Global Legal Education. from https://www.ie.edu/law-school/initiatives/blueprint-global-
legal-education/
Peña, D. (2017a). Legaltech and the Uberization of the Latin American legal services market. from
https://dernegocios.uexternado.edu.co/comercio-electronico/legaltech-y-la-
uberizacion-del-mercado-latinoamericano-de-servicios-legales/
Peña, D. (2017b). Legaltech, the long journey from the type writer to artificial intelligence.,
Universidad el Externado.
Rojas, J. (2020). Legaltech and law innovation., from https://www.usal.es/
Sullivan, M. (2016). The Future of Legal Services Legal Assistance to the Poor – Legal Aid
Organizations (Vol. 80, pp. 2).
Wawo, M. I., Moses, D., Mohammed, N. B., & Akila, R. F. (2021). Assessment of Information and
Communications Technology Skills Possessed by Teachers in Technical Colleges of Kano
State, Nigeria. Middle Eastern Journal of Research in Education and Social Sciences, 2(3),
86-96. doi: https://doi.org/10.47631/mejress.v2i3.279
260
View publication stats

Use of information technologies at the service of law in Colombian “Legaltech”

Recommended

Recommended

More Related Content

Similar to Use of information technologies at the service of law in Colombian “Legaltech”

Similar to Use of information technologies at the service of law in Colombian “Legaltech” (20)

Recently uploaded

Recently uploaded (20)

Use of information technologies at the service of law in Colombian “Legaltech”