In development of the freedom of private initiative, which is constitutionally guaranteed, merchants have incorporated the use of technology to offer goods and services to consumers, including the intermediation of the relationship between producers, suppliers or marketers and customers, through applications that are managed by third parties other than the parties to the main legal relationship. In Colombia, this innovation in the exercise of commerce has not yet been the subject of legislative regulation. This generated questions, both regarding the legality of its provision and in relation to the use of the powers of the State, to intervene in the economy provided for in articles 333 and 334 of the Constitution. This situation leads to the following questions: i) How far can the free private initiative go to offer this digital intermediation without legal regulation and how far do administrative powers go to restrict or penalize its provision due to the absence of an express regulatory framework that enables it? ii) What is the scope of state intervention on digital commerce activity not yet regulated by law and on the freedom of digital commerce, based on whose establishment elements can be identified to resolve the tensions that arise between the organization and the order of an activity through state intervention and the freedom enjoyed by merchants that the state intervenes minimally in their economic activities? Therefore, this study has as an objective to analyze economic freedoms and state intervention on the economic activities of individuals, in light of the private initiative, to resolve the tension that arises between state intervention and the freedom of enterprise, in the framework of digital commerce activity.
