Users of digital transport services in Colombia: An analysis from consumer law

Abstract

The lack of regulation in Colombian regulations regarding the transport services offered by digital platforms has generated a legislative anomie that exposes users and providers of this service to a lack of protection of their rights. This problem, which goes beyond a lack of regulation, highlights many cases in which the imposition of abusive clauses and the informality under which digital platforms exclude drivers from a labor regime that guarantees their rights also coexist.

The foregoing supports the investigation that will be addressed through the study of normative references in the matter exposed in the legislation of Mexico, Chile and Argentina, as well as the jurisprudence issued by the competent authorities and the Colombian high courts, based on the that important useful precedents have been consolidated to identify the measures that can be adopted in the Colombian legal framework to resolve the ambiguities and legal gaps around the subject. It is also expected that this analysis will allow elucidating the existing position regarding the use of these platforms in the country.