According to an analysis by Newvity, a company specialized in brand management, software ownership issues, personal data processing and brand management are some of the problems that most affect ‘applications’, platforms and digital companies.
Without a doubt, over the years, Colombia has become an attractive place for digital companies in the region. In fact, its dynamics in the market has positioned its main cities as the perfect setting to create startups, apps and platforms.
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For example, according to the most recent Global Startup Ecosystem Classification Report, prepared by Startup Blink, Bogotá and Medellín are in the top 10 of the best South American capitals to undertake and finance digital developments.
However, while Colombia shows a promising outlook for startups, many have not been exempt from legal problems in the country. Such is the case of Rappi, to whom the SIC recently imposed a fine of 1,755 million pesos for failing to comply with consumer protection regulations.
For Beatriz Carreño, lawyer and CEO of Newvity, a company specialized in brand management, this is a situation that is repeated frequently, since, in the desire to grow, startups direct their efforts only to demonstrate the profitability of its business model, leaving aside the importance that it adequately adjusts to the rules that govern the participation of a brand or a company in the market.
But what are the problems that these technology companies face the most today? Carreño responds:
- Ownership conflicts: Those who define the business model are not always those who create the software, codes or digital tools, intangible assets that add value to startups. Therefore, if there is no clarity in the ownership of these rights from the initial stages, problems may arise in the management of the business model and its scalability.
- Data processing problems: Data has become one of the most valuable resources for companies to participate in the market. However, there are rules that regulate their use and exploitation, so business models must always be developed within the framework of these rules to avoid incurring legal infractions. When a ‘startup’ crosses that limit, problems are generated.
- Problems in brand management: By directing efforts mainly to the business model, startups often forget the importance of the brand as an intangible asset for market participation, so problems arise over time related to the positioning of the brand that may result in the impossibility of registering, defending or positioning it. This in the long term forces many companies to carry out rebranding processes.
- Consumer relationship problems: The scalability of startups depends, to a large extent, on their relationship with their users. However, many times, the rights of consumers and the rules that regulate them are not taken into account, so the ‘app’ or platform ends up incurring legal infractions that affect the consumer, damaging the relationship between the consumer and the brand. -business and hindering its positioning and management process.
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“Startups, like all companies in the world, need to participate in the market through strategies that are creative and innovative, but based on the rules of participation in the market, since this allows them to position themselves in the market effectively, building a healthy relationship with consumers and reducing the risk of incurring in legal infractions ”, explains Carreño.
According to a recent balance of the Superintendency of Industry and Commerce (SIC), between August 2019 and July of this year, in Colombia, the Delegation of Consumer Protection imposed 352 sanctions for more than $ 30,000 million; the Delegation for the Protection of Personal Data, 119 for $ 11,902 million and the Delegation for the Protection of Competition, 12 for $ 174,365 million.
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