Responsabilidad del estado por la falla del servicio en el control y vigilancia de los servicios financieros que se ofrecen a través de plataformas digitales.

Abstract

The world is increasingly digital, and in Colombia, it is almost impossible to pretend to punish the trust of users in electronic services. For proper governance and the true fulfillment of the constitutional duties of the State, an effective promotion and monitoring of this type of services is required. Therefore, analyzing the way in which electronic financial services are regulated in Colombia, and the way in which the Financial Superintendency monitors them, will serve to establish who is effectively responsible for the damages that may occur.

However, the irresponsibility or lack of care of the users in the use of said platforms cannot be transferred to the State; However, having greater clarity on the responsibility that falls to the State, it will also be easier to identify the cases in which it is the responsibility of financial institutions, or users, thus improving the conditions of the system.