Regulatory Framework¶

OrpycaMCP implements the requirements established by Colombian archival regulations. This section explains which standard originates each functionality of the system.

Ley 594 of 2000 (Law 594/2000) — General Archives Law¶

The fundamental standard. It requires all Colombian public entities to:

Organize their documents through Tablas de Retención Documental (TRD — document retention schedules)
Guarantee the preservation of the documentary heritage
Establish a Programa de Gestión Documental (PGD — Document Management Program)
Apply the principle of provenance (documents are organized according to the unit that produces them)

What OrpycaMCP implements from this law: - TRD module with a structure of secciones (sections), series and subseries - Expediente states with transfer control - Final disposition configurable per serie: CT, E, MT, S

Ley 527 of 1999 and Decreto Único 1074 of 2015 — Electronic and digital signature¶

These grant functional equivalence and evidentiary value to electronic documents and their signatures. Law 527/1999 defines the electronic signature (methods: keys, biometrics, passwords) and the digital signature (cryptography with a certificate from an accredited authority), plus the functional equivalence of the signature (art. 7) and of writing. Its current implementing regulation is Single Decree 1074/2015, Ch. 47 (arts. 2.2.2.47.1–47.10, which compile and extend Decree 2364/2012: reliability 47.4, legal effects 47.5, signer obligations 47.6, security level 47.8) and Ch. 48 + Decree 333/2014 (certification entities / ONAC accreditation). Decree 526/2021 enables the electronic signature of employment contracts.

⚠️ Cite DUR 1074/2015, not Decree 2364/2012 on its own. The full framework is extracted in documentos/normativa-firma/.

What OrpycaMCP implements (or specifies) from this framework (epic E06): - Signing of the electronic index at the closure of the expediente (AGN Agreement 001/2024 art. 4.3.2.4) — XAdES-B/T/LT/LTA with the institutional seal is implemented; ONAC accreditation is not. - Verified attribution of the signer (JWT identity), 2FA on the personal signing act and an electronic seal of the legal person for self-signing of system-generated documents. - Preservation of the evidence (signature + certificate + timestamp + countersignature) without altering the signed content.

Acuerdo AGN 060 of 2001 (AGN Agreement 060/2001) — Official Communications¶

Establishes the guidelines for the radicación (official registration), distribution and control of communications in public entities.

Key points:

"Entities must establish systems for the control of communications received and sent"

"Communications received shall be assigned a radicado number in the consecutive order in which they are received"

"The radicado number cannot be amended or crossed out"

What OrpycaMCP implements from this agreement: - Radicación of Incoming (E), Outgoing (S) and Internal (I) - Consecutive number per year and type, immutable - Recording of the sender, date, destination dependencia and subject - Traceability of the document's journey (flujos)

Decreto 1080 of 2015 (Decree 1080/2015) — Single Decree of the Culture Sector¶

It compiled and unified all Colombian archival regulations. It includes the requirements for:

Organization of archives by the document's lifecycle
Document inventories in transfers (FUID form)
Document appraisal to determine final disposition

Ley 527 of 1999 (Law 527/1999) — Electronic Commerce and Electronic Document¶

It gives legal value to the electronic document when it complies with:

Integrity: the document has not been altered
Authenticity: its origin can be verified
Accessibility: it can be consulted later

What OrpycaMCP implements from this law: - SHA-256 checksum of each anexo to guarantee integrity - Storage in the S3 object store with version control - Traceability of who uploaded each file and when

NTC-ISO 15489 — Records Management¶

International standard adopted in Colombia. It defines the principles of:

Authenticity: the document is what it claims to be
Reliability: the content is a complete representation of the act
Integrity: it is complete and has not been altered
Availability: it can be located and used when needed

Law 1581 of 2012 and DUR 1074 of 2015 — Personal data protection¶

The public window collects personal data from whoever files, so it needs their prior, express and informed authorization (Law 1581/2012, arts. 8(b), 9 and 12): the data subject must see the privacy notice (DUR 1074/2015 art. 2.2.2.25.3.2) before authorizing.

What OrpycaMCP implements (ADR-031): - The processing policy belongs to each entity (politica_tratamiento_version, _url, _texto in sgd_param_admin) and the server serves it at GET /api/v1/public/{tenant}/ventanilla/politica. With no policy published the window does not file (409 politica_no_publicada); if it changed while the form was being filled in, 409 politica_desactualizada. - The authorization record (v2) stores the policy version and hash, its URL, the instant and the IP that the gateway signed (never the one declared by the client); without a valid signature the IP is null and ip_verificada=false.

Erasure versus retention¶

The data subject may ask for erasure (Law 1581 art. 8(e) and art. 15), but the right does not apply while there is a legal duty to keep the data (DUR 1074/2015 art. 2.2.2.25.2.8; Law 594/2000 art. 11 and the series' TRD). A radicado is an archival record: it is kept for its retention period and erasure applies when retention expires, through the TRD's final disposition. The request is not ignored: it is answered as a claim (art. 15), explaining the duty to keep and the date from which erasure applies.

International applicability¶

Although the main reference framework is Colombian, the concepts are applicable to other Latin American countries with similar regulations:

Country	Governing body	Equivalent standard
Colombia	AGN	Ley 594/2000
Mexico	AGN México	General Archives Law 2019
Peru	AGN Perú	Ley 25323 + Decreto 008-92-JUS
Argentina	AGN Argentina	Decreto 1571/81
Chile	Archivo Nacional	Decreto con Fuerza de Ley 5200/1929
Ecuador	ANE	National Archives System Law

OrpycaMCP can be adapted to any regulation by adjusting the TRD configuration and the radicación fields.