EL USO DE INFORMACIÓN PRIVILEGIADA EN EL DERECHO COLOMBIANO.

Abstract

This paper contains a description and a critical analysis of how the use of insider information on the securities market is regulated in Colombia. A review of doctrine underlines the tendency in Colombia to confuse this concept with other kinds of matters, such as violation of the duties of confidentiality and secrecy, which, albeit closely related, corresponds to other scenarios and thus entails another kind of penalties. On the basis of a number of conceptual elements contributed by foreign doctrine, the author suggests a revision of the rules that define and penalise the use of insider information in Colombian law, proposing a revision and unification of the criteria used in the rules of corporate, financial and criminal law and the self-regulation system.