NEW REGULATIONS FOR E-COMMERCE IN COLOMBIA WITH LAW 2439 OF 2024

With the recent enactment of Law 2439 of 2024, e-commerce in Colombia is strengthened with regulatory adjustments that improve the relationship between businesses and consumers. These changes seek to provide greater transparency and security in digital transactions. Below are the most relevant modifications:

1. Refund Periods

  • Right of Withdrawal: The refund period is reduced from 20 to 15 calendar days, facilitating a more streamlined process for consumers.
  • Late Delivery or Out of Stock: If a product is not delivered on the agreed date (maximum 30 days if there is no specific agreement) or is out of stock, the consumer may cancel the contract and request a refund within 15 calendar days.

2. Interest on Electronic Financing Systems

  • Additional charges for the use of technologies in credit transactions will now be considered interest. However, charges applied to insurance, surety bonds, or electronic signatures that have been previously informed and without an in-person option are exempt.

3. Greater clarity in product and service information

  • Stricter requirements are established to ensure that information on products and services is clear, sufficient, and truthful.
  • Contracts with periodic payments: The minimum duration of the subscription or contracted service must be specified.
  • Reference images: Product photographs must accurately indicate the scale and actual size of the item offered.

With these measures, the new legislation strengthens consumer protection and promotes more equitable and transparent e-commerce in Colombia. Companies in the sector must adapt to these provisions to ensure compliance with regulations and improve their customers’ experience.

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NEW MANDATORY REQUIREMENT FOR ENTERING THAILAND STARTING MAY 1: DIGITAL ENTRY FORM

The Thai government will implement a new mandatory procedure for all international travelers planning to enter the country starting May 1. This new requirement consists of completing a digital form called the “Thailand Electronic Travel Declaration Form” (ETD).

The main purpose of this form is to optimize and streamline the immigration process, as well as significantly improve the country’s health, administrative, and security measures in the face of global contingencies. The ETD will request specific and detailed information from the traveler, such as:

  • Complete personal information (name, passport number, nationality, etc.).
  • Contact information (email and phone number).
  • Information about the travel itinerary, including exact dates, flight numbers, and specific entry points.
  • Details of planned accommodations during the stay in Thailand.
  • Basic medical history of relevant health conditions, in line with current international protocols.

To complete the form, travelers must access the official portal enabled by the Thai authorities. It is recommended to do so at least 48 hours prior to travel to ensure receipt of the necessary digital confirmation. This confirmation must be presented both during the airline check-in process and to immigration personnel upon arrival in Thailand.

It is important to note that failure to comply with or incomplete submission of the form may result in significant travel delays, denied boarding, or possible fines, as stipulated by current immigration regulations.

We advise you to carefully review these new regulations and properly complete the process to ensure a smooth trip.

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KEY POINTS TO THE NEW IMMIGRATION REGULATIONS THAT WILL FACILITATE THE INCORPORATION OF INTERNATIONAL TALENT INTO YOUR COMPANY

In our March newsletter, we discussed the new residency procedures that will facilitate the regularization of migrants in Spain starting in May 2025. Now, in this new installment, we focus on other key reforms to the regulations that will expand the possibilities for hiring international talent in Spain. Below, we present the main points that will benefit your company.

1. Strengthen mechanisms to attract and retain talent.

The new regulations address one of the most frequent criticisms of the previous system: difficulties in accessing the labor market. Along these lines, the Entrepreneurs Law already contemplated a 24-month residence permit—non-extendable—for foreign students who had obtained a degree in Spain to seek employment. The current Immigration Regulations also provided for a job-seeking visa for children and grandchildren of Spanish nationals, as well as for certain occupations and geographical areas. However, this visa was only valid for three months, after which the person was required to leave Spanish territory.

The new regulation introduces a substantial change: it transforms this visa into a residence permit—rather than a stay permit—valid for up to 12 months. This modification applies to both children and grandchildren of Spanish nationals and to certain sectors and geographical areas, significantly expanding the possibilities for active job search.

2. Makes it more flexible to recruit talent in training

The new regulation maintains the possibility for foreigners with a residence permit for study purposes to work up to a maximum of 30 hours per week, as provided for in the previous regulations. However, it introduces a significant change regarding the validity of this permit.

Until now, the duration of the stay was linked to the duration of the course or training program, with the obligation to renew it annually. The new regulations maintain this general rule—the authorization will have a duration equal to that of the studies, with a limit of one year—but incorporate an exception that represents a significant advance in terms of administrative simplification.

In the case of higher education, the stay authorization will be valid for the same duration as the official duration of the academic program, even if it is longer than one year. Thus, for example, a university undergraduate student will not have to renew their authorization annually, which reduces the bureaucratic burden.
However, the new regulations also introduce certain restrictions. In particular, it will no longer be possible for foreign minors to complete compulsory secondary education (ESO) in Spain with a residence permit for study purposes, as was previously permitted.

3. It makes socio-educational and family ties more flexible, facilitating regularization and access to the labor market

The new regulation introduces significant improvements to socio-educational and family ties permits, allowing more people in the process of regularization to legally access the labor market. Under this regulation, initial social, educational, and family ties permits allow employment, both as an employee and as a self-employed person, provided proof of a minimum residence of two years in Spain is provided (compared to the previous three years). Furthermore, the duration of these permits is extended to one year, renewable for another four years, with the exception of family ties, which are granted for five years.

For companies, this represents an opportunity to integrate a greater number of professionals already residing in Spain into the labor market, with the possibility of accessing regularized talent more quickly and with greater legal guarantees.

4. Facilitates residency and access to work for family members of international talent, reducing barriers to their integration

The new regulation introduces key measures to facilitate residency and employment for family members of foreign workers, one of the main demands of international companies and employees. Now, direct family members of legal residents (such as spouses, children up to the age of 26, and unregistered partners) can obtain residency and work permits more easily and with fewer bureaucratic requirements.

One of the main new features is the extension of the age limit for children to 26 (previously 21), allowing family members of international workers to bring their adult children, a limitation that previously affected many highly qualified employees.

For companies, this flexibility means that international workers can enjoy greater personal and family stability, increasing the likelihood of long-term settlement in Spain. This, in turn, favors the integration of their families into the workplace and social environment, contributing to a more positive and committed work environment.

The new Immigration Regulations offer companies an excellent opportunity to access international talent with greater flexibility. With measures such as the extension of the job seeker visa, the improvement of the international student regime, and the flexibility of socio-educational and family ties, companies will be able to recruit and retain professionals more quickly.

If you have questions about how these changes affect you or need personalized advice, do not hesitate to contact the Expatfeliu team. We will be happy to offer support to manage your situation simply and effectively.

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BANGLADESH JOINS THE DRIVING LICENSE EXCHANGE AGREEMENT WITH SPAIN

On March 30, 2025, Bangladesh officially joined the driving license exchange agreement with Spain. This recent agreement makes it easier for Bangladeshi citizens residing in Spain to exchange their original driving licenses for the Spanish equivalent, thus simplifying their mobility and access to employment in Spain.

With the addition of Bangladesh, several countries now have similar agreements in force with Spain. Among the latest countries to join this agreement are Honduras, whose agreement entered into force on November 26, 2024; Moldova, from May 11, 2024; and Georgia, from April 5, 2024. It is also important to highlight the agreement signed with the Republic of Honduras on May 13, 2024, and with Moldova on May 11 of the same year.

In total, Spain maintains bilateral driver’s license exchange agreements with more than twenty countries, including Latin American nations such as Argentina, Brazil, Chile, Colombia, Ecuador, Peru, and Uruguay, among others. These agreements seek to facilitate the administrative process for foreign residents in Spain and promote the social and economic integration of these communities.

The Directorate General of Traffic (DGT) reminds that each participating country has specific procedures, and it is essential that the licenses to be exchanged be valid and have been obtained before acquiring legal residence in Spain. Furthermore, in some specific cases, additional practical or theoretical tests may be required to ensure that drivers meet the standards required by Spanish regulations.

These types of agreements contribute significantly to road safety, as they ensure that foreign drivers are properly licensed and comply with the regulations established in Spain. Furthermore, the exchange process is vital for reducing bureaucratic procedures and streamlining the adaptation of new residents to Spain.

For complete and up-to-date information on these agreements and the specific requirements, interested parties should visit the official DGT website or visit their local offices, where they will receive personalized guidance on how to successfully complete the process. If you need to exchange your driver’s license, contact us and we will assist and advise you.

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THE BRITISH GOVERNMENT SUBSTANTIALLY INCREASES THE PRICE OF THE ELECTRONIC TRAVEL AUTHORIZATION (ETA)

The UK government has announced a significant increase in the price of the Electronic Travel Authorization (ETA), from €11 to approximately €20. This increase comes just a week after the official implementation of the system for European travelers, which could significantly impact the costs and planning of international travelers to British territory.

The ETA remains valid for two years and allows stays of up to six months per entry. It should be noted that this document is not a traditional visa, but rather an electronic authorization similar to those already in effect in countries such as the United States and Canada.

The requirement is mandatory for visa-exempt travelers from 87 countries and territories, including: Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belgium, Belize, Botswana, Brazil, Brunei, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Grenada, Guatemala, Guyana, Hong Kong, Hungary, Iceland, Israel, Italy, Japan, Kiribati, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Malaysia, Maldives, Malta, Marshall Islands, Mauritius, Mexico, Micronesia, Monaco, Nauru, Netherlands, New Zealand, Nicaragua, Norway, Oman, Palau, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Qatar, Romania, Saint Kitts and Nevis, San Marino, Saudi Arabia, Solomon Islands, South Korea, Spain, Saint Vincent and the Grenadines, Saint Lucia, Samoa, Seychelles, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Taiwan, Tonga, Tuvalu, Uruguay, and the Vatican.

This authorization must be obtained in advance, preferably at least 72 hours before travel, through the official British government portal or the “UK ETA” mobile app. Although a response is normally received within a few minutes, it could exceptionally take up to three days.

This measure particularly affects travelers who use frequent air connections to major UK airports, such as London Heathrow, London Gatwick, Manchester, or Edinburgh, as well as sea and rail connections from major European cities.

In light of this situation, authorities recommend checking the approval status before arriving at boarding points and always keeping a printed or digital copy of the authorization on hand. They also remind travelers that, despite the price increase, the duration of the authorization remains the same, allowing multiple entries during its two-year validity period.

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UNITED STATES INCREASES IMMIGRATION SCRUTINY FOR INTERNATIONAL TRAVELERS IN 2025

US immigration authorities have significantly intensified the screening and controls applied to foreign nationals seeking to enter the country. This new measure responds to the current administration’s policy, which has decided to implement stricter and more exhaustive criteria for both visa issuance and checks carried out at points of entry.

In this context, we recommend that international travelers pay special attention to their immigration documentation before traveling to the United States. Specific recommendations include carefully verifying the validity of the visa granted, ensuring that their passport is valid for at least six months beyond their intended period of stay in the United States, and providing additional documentation that clearly and verifiably supports the purpose of their trip. Some of the situations highlighted in this alert are:

• A substantial increase in secondary inspections, particularly targeting travelers with criminal records or prior immigration violations, who could face denial of entry and even pretrial detention until deportation.
• Increased scrutiny targeting employees working in sectors considered sensitive, such as agriculture, construction, consulting, and manufacturing, who could experience prolonged wait times at ports of entry.
• Additional requirements by immigration officials, including evidence of the specific purpose of travel, formal letters of invitation, current employment records, financial documents, and strong evidence of ties to the traveler’s country of origin that demonstrates the traveler’s intent to return.
• Possibility of more in-depth inspections, including the review of personal electronic devices by Customs and Border Protection (CBP) officers.

Companies with employees who regularly travel to the United States for work-related reasons should adapt and strengthen their internal procedures to anticipate and effectively respond to additional questioning or verification by immigration authorities.

Finally, we emphasize that the purpose of these measures is none other than to guarantee a safe and orderly entry into the country, in addition to ensuring strict compliance with existing immigration laws. Therefore, we strongly recommend maintaining a patient, polite, and truthful attitude when interacting with immigration officials, providing accurate and complete information during entry procedures.

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NEW FORMULA FOR SETTLEMENT THAT WILL FACILITATE THE REGULARIZATION OF MIGRANTS IN SPAIN STARTING MAY 2025

Starting May 20, 2025, new form of settlement will come into effect that will allow for the regularization of immigration status for thousands of people in Spain, thanks to Royal Decree 1155/2024 approved on November 19. This reform introduces important changes to the Immigration Regulations, facilitating the social and labor integration of those already residing in Spanish territory.

Among the most notable new features of the new regulations are:

1. Second-chance settlement:

This form will benefit those who have previously resided in Spain with a permit and who, for reasons beyond their control, were unable to renew it. They will now be able to obtain a new residence and work permit by meeting certain specific requirements.

2. Socio-laboral roots:

Aimed at those who have lived in Spain for at least two years and have an employment contract for at least 20 hours per week. This new type of roots seeks to provide legal and employment stability to migrant workers who are already integrated into the labor market but lacked adequate regularization.

3. Social roots with family ties:

This option is expanded to include those with close relatives in Spain, such as spouses, registered partners, ascendants, or descendants, provided they can demonstrate sufficient financial support during their stay.

4. Socio-formative roots:

This option will be available to migrants who have lived in Spain for at least two years and who are enrolled in or committed to vocational training related to sectors with high labor demand. This training, which can be done in person or blended, will also allow them to work up to 20 hours per week during the study period.

With these modifications, the Spanish government seeks to respond to the current migration situation, promoting more flexible and effective regularization that fosters the inclusion and social stability of migrants.

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CHINA IMPLEMENTS A GRADUAL INCREASE IN THE RETIREMENT AGE STARTING IN 2025

On September 13, 2024, the Standing Committee of the National People’s Congress approved the “State Council Measures on the Gradual Postponement of the Statutory Retirement Age,” which will take effect on January 1, 2025. These measures establish a gradual increase in the retirement age over a 15-year period.

Under the new regulations, male and female employees in administrative or office positions (white-collar), who currently retire at ages 60 and 55, respectively, will see their retirement ages increase by one month for every four-month period, reaching 63 and 58 in 2040. Meanwhile, female employees in operational or manual positions (blue-collar) will increase from the current age of 50 to 55 in 2040, with an increase of one month for every two-month period.

For example, a male employee who was originally scheduled to retire on January 1, 2025, will now retire on February 1, 2025 (one month later). Similarly, someone who was scheduled to retire on May 1, 2025, will now retire on July 1, 2025 (two months later).

Furthermore, starting January 1, 2030, the minimum years of contribution required to access pension benefits will also be gradually increased. Currently set at 15 years, six months will be added for each year until reaching 20 years of contribution.

Likewise, on December 31, 2024, three ministries and the Organization Department of the Party Central Committee issued the Notice on “Provisional Measures for the Implementation of the Flexible Retirement System.” This regulation, also effective January 1, 2025, expands the provisions on early and delayed retirement.

Employees who meet the minimum contribution period will be eligible for early retirement, provided their age is not lower than the thresholds established before 2025. Similarly, those who wish to continue working beyond the statutory retirement age may do so.

The attached official document includes comparative tables by gender and type of employment, detailing how the retirement age will be progressively postponed. These tables are available in Chinese with English translation for reference.

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IMPORTANT CHANGES TO THE WORKING HOURS IN COLOMBIA IN 2025

Starting July 16, 2025, a reduction in the maximum weekly workday will go into effect in Colombia, from 46 to 44 hours. This change is part of the progressive implementation of Law 2101 of 2021, which seeks to gradually reduce working hours without affecting employees’ wages or acquired rights. This modification represents an adjustment in the way companies manage working hours and labor costs, which has implications for both employers and employees.

To whom does this law apply?

The reduction in working hours will primarily impact private sector workers under employment contracts. However, there are some exceptions:

• It does not apply to public sector employees, except for those governed by the Substantive Labor Code.
• Special workdays established for certain sectors or specific groups, such as minors on work leave, are excluded.
• It does not affect employees under special regimes who have employment agreements that differ from the general regulations.

Impact on Businesses

For employers, this reduction in working hours represents a significant change in their cost structure and workforce planning. Some of the key aspects to consider include:

• Adjustment of overtime pay: By reducing the standard workday, the value of the regular work hour increases, which means that overtime pay, nighttime surcharges, Sunday surcharges, and holiday surcharges will also be affected.
• Adaptation of internal processes: Companies will need to review and adjust their timekeeping systems, payrolls, and shift schedules to ensure compliance with the new regulations.
• Productivity and employee well-being: Several studies have shown that reduced work hours can contribute to greater employee well-being, reducing burnout and improving job performance. Complying with the law will not only avoid penalties but can also represent an opportunity to improve the organizational climate and talent retention.

Background and Projections

Law 2101 of 2021 establishes that the working week in Colombia will gradually decrease to 42 hours per week by 2026. The first reduction, from 48 to 47 hours, was already implemented in 2023, and now, in 2025, the reduction to 44 hours will be implemented. By 2026, the maximum working week will be set at 42 hours per week.

These types of measures align with global trends seeking to improve work-life balance. In countries such as Spain and France, the reduction of working hours has been a key topic in the debate on productivity and worker well-being. Companies around the world have implemented pilot programs for reduced work weeks with positive results in terms of efficiency and job satisfaction.

Challenges and Expectations

While this measure represents progress in terms of labor rights, it also poses challenges for sectors that rely on extended shifts or require high staff availability. Some industries are likely to seek strategies to mitigate the impact of this reduction, such as optimizing processes, automating certain tasks, or hiring more staff to cover the required hours.

The Ministry of Labor has emphasized that compliance with this measure will be monitored and that companies that do not comply with the new regulations may face sanctions. Therefore, it is essential that both employers and workers inform themselves and adapt to these changes in advance.

In conclusion, the reduction of the working day in Colombia starting in July 2025 represents an important step in the evolution of the country’s labor market. Its successful implementation will depend on companies’ ability to adapt and workers’ willingness to take advantage of this new work arrangement in a productive and balanced manner.

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NEW REGULATION ON THE DRIVER CERTIFICATE FOR INTERNATIONAL ROAD FREIGHT TRANSPORT

The Ministry of Transport has approved Order TRM/59/2025, dated January 16, regulating the driver certificate for conducting international public road freight transport.

Regulation (EC) No. 1072/2009 establishes the requirement for transport operators holding a Community license to obtain a driver certificate when employing legally contracted drivers or those made available to the operator. However, this requirement does not apply to citizens of a European Union Member State or long-term residents under Council Directive 2003/109/EC of November 25, 2003.

Since this regulation applies within the European Economic Area (EEA) and has been incorporated into the EEA Agreement, drivers who are nationals of Iceland, Liechtenstein, or Norway will also be exempt from needing this certificate.

Additionally, as compliance with labor and social obligations of transport companies is already verified when granting transport authorizations, the scenarios in which the driver certificate is mandatory have been revised. Consequently, the certificate will only be required for international road freight transport when the driver is a national of a third country outside the EU and EEA and does not hold long-term resident status in the EU.

The new order also introduces administrative simplifications, such as consulting documentation through public records and eliminating the requirement to submit a report from the Provincial Traffic Department on the validity of driving licenses issued by foreign authorities.

Order TRM/59/2025 expressly repeals the previous regulation (Order FOM/3399/2002) and establishes the following key provisions:

a) Certificates for third-country nationals are limited to international road freight transport. They will not be required for domestic transport services, passenger transport drivers, or long-term residents.
b) Certificates issued under Order FOM/3399/2002 will remain valid until their expiration date.
c) The requirements for issuing the certificate remain unchanged, except for the removal of the Provincial Traffic Department report when the driving license was issued by a foreign authority.
d) The Administration may verify compliance with requirements electronically when the relevant records are operational.
e) Order FOM/3399/2002 is expressly repealed.
f) The new regulation came into effect on January 29, 2025.

With this regulatory update, the Ministry aims to align Spanish regulations with the European legal framework and reduce the administrative burden on transport companies.

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