The evolution of Digital Law in the latest years have risen it to another degree, consolidating it as a strategic tool in private and public organizations, broadening their views on liabilities, risk management, governance, legal conformity and reputation protection.
Managers and directors began to look for guidance from Digital Law specialists, focused on risks and opportunities for the development of their businesses and activities, which increasingly rely on technology and innovation. Therefore, the lawyer has taken the role of a strategist, with her attention on prevention and opportunity, planning to diminish incidents and financial loses.
To mitigate those risks, we have to know them. Each day new topics and questions arise, and so the need to follow their development properly, so they can be perfectly understood:
- Payment services
- Big data
- Cloud Computing
- Bring your own device (BYOD)
- Social media
With the litigation procedures gradually abandoning its physical form, and the ever-increasing use of electronic contracts, nowadays everything passes through electronic evidences and machine-witnesses. Information security began to integrate the organizational culture of companies and the investment in employee awareness on these topics became essential.
In this scenario, only up-to-date and multidisciplinary professionals can work with Digital Law, for they must have an holistic and integrated vision to help businesses fulfill their goals and maintain their own sustainability in the Digital Age, besides supporting society with the development of new rules, either laws or corporate policies, adequate to this new reality.
According to Lawrence Lessig, creator of the Creative Commons license, the game rules must be changed inside the own game.
In a society based on knowledge and intangible assets, protecting intellectual property, brand name and trademark, even in digital environments, has an even greater importance than before. This protection can be achieved by the registration in the competent Intellectual Property Offices (such as the Brazilian Industrial Property Office – INPI), registrars and social media.
- Administrative procedures for the protection of trademarks, patents, copyrights, domain names, computer programs, concepts, and other;
- Registration of software technology and know-how transfer agreements with the INPI;
- Monitoring, interferences, oppositions and cancellation of orders with the INPI;
- Consulting of copyrights and image rights;
- Preparation and review of contracts related to intellectual property;
- Development and implementation of Intellectual Property Policy for businesses and education institutions;
- Provide support for compliance-related legislation, following regulatory frameworks, public consultations and institutional relationships with authorities.
From the great sports events to a simple sales point, nowadays everything goes through digital means, capable of interacting and creating brand fidelity. Because of that, companies must be extremely careful with personality and image rights, copyrights, contractual limitations and the entire set of rules regarding marketing on the Internet and social media. From a commercial promotion, properly authorized by the government bodies, to a simple cultural contest, the success of this marketing action depends directly of the involvement of a Digital Law expert, since the first briefing, optimizing time and results.
Our job involves enabling the creative idea, managing risks and supporting these marketing actions, making them stand out, ensuring innovation is always an element in them.
- Legal advice on authorized commercial promotions and cultural contests;
- Legal advice on social media marketing actions, including those in musical and sportive events;
- Legal consulting on copyrights and image rights for online and offline marketing campaigns;
- Development, reviewing and negotiation of contracts along all the chain of providers of the marketing actions;
- Development of Policies for Public Relations on Social Media;
- Legal support on online customer service;
- Legal support to government candidates in their use of social media technologies to improve their relations with voters;
- Legal support for marketing companies, tracking regulatory documents, public consultations and managing institutional relations with public authority
- Participation in consulting committees and associations on the area of Marketing.
ONLINE BUSINESSES PROTECTION AND CONTRACTS
The digital economy has led to a global shift in ways of do business. Innovations brought along with fintechs, healthtechs, insurtechs, edtechs and legaltechs require suitability both for compliance with legal requirements, such as the Civil Internet Framework, and new regulatory trends, such as the Data Protection Bill, and for Management of new digital risks.
Peck Law provides specialized legal advice to make digital projects feasible, not only by pointing out legal risks, but mainly by indicating the technical-legal measures aimed at removing or at least mitigating said risks. In this sense, the work of a Digital Law specialist, capable of understanding technological change, its social and legal effects and ensuring greater protection to the entrepreneur, shareholders and the business itself, consists in:
- Legal analysis of ideas for new digital businesses in compliance with Brazilian laws, supporting incubators and entrepreneurs;
- Legal opinions, technical and legal audits of websites, portals, applications and business environments, including social networks, to verify compliance and risks;
- Advice for the implementation of best practices and digital governance;
- Analysis of the degree of security of information in the virtual environment;
- Analysis of regulatory, labor and tax impacts applied to new digital businesses.
INFORMATION SECURITY AND FRAUD PROTECTION
In recent years, Information Security is no longer na exclusive topic of IT and gained ground among the high ranks of companies, and demanded legal attention to deal with the issue of monitoring and privacy in corporate environments, specially to determine its conformity with the current Brazilian laws.
The subject of Information Security is extremely relevant to protect businesses and activities of Organizations, and involves the work of our experts in three different levels: Technology, Processes and People.
We emphasize that all documentation related to Information Security must be in legal compliance, aligning technical and legal aspects to protect operational procedures, and avoid matters related to privacy violations, monitoring, obtaining illegal evidence, loss of electronic evidence due to inappropriate collection, among others.
- Legal opinion and technical due diligence of the stage of maturity of the institution’s information security;
- Development and implementation of Information Security Management System, encompassing Information Security Policies, standards, procedures and contractual clauses;
- Development of BYOD Policy and mobility norms;
- Development and reviewing of the IT Code of Ethics, the Employee Code of Conduct, and other legal instruments to respond to new safety and labor issues brought about by the use of social networks and mobility tools;
- Development of Social Media Policy;
- Supporting and conducting awareness campaigns on Information Security for managers and teams with lectures and development of brochures, interactive content and online education to address large audiences;
- Development of Non-Disclosure Agreements;
- Support and participation in committees or information security groups;
- Legal advice on Digital Law to ensure that the performance of IT and InfoSec are aligned with the standards ABNT NBR ISO IEC 27001:2006, 27002:2005 and 18044, ITIL and the Brazilian legislation into force.
PRIVACY, DATA PROTECTION AND COMPLIANCE
In an increasingly complex society, connected and defined by its intangible assets, technology established itself as a base and competitive differential for every business.
In this highly complex and regulated context, we provide specialized services to companies, that wish to enable or consolidate their innovative projects, with risk identification and analysis, ensuring good corporate governance and legal conformity, dutifully aligned with its business segment and opportunity creation.
Our highlights in the area ally legal security with technological innovation:
- Legal viability analysis of projects that involve information technology, aiming for legal conformity and risk mitigation;
- Legal opinions on the implementation of technological innovation, processes changes and enhancements, costs reductions and operational risks management;
- Legal consulting for the implementation of projects involving electronic contracts, electronic records and the use of digital signatures in highly regulated markets (Financial, Healthcare, Insurance, 401k and others);
- Legal analysis of market tendencies;
- Legal consulting for corporate matters, covering planning, creation, deals, reorganization, merges, acquisitions, divisions, holdings constitution and joint ventures;
- Legal support and evaluation during strategic planning;
- Due diligence procedures to confirm informations during merging or acquisition of information technology companies or assets;
- Legal opinion on taxation of technology related operations;
- Legal advice on the implementation and updating of Document Management Policies, electronic evidence storage and a life cycle table;
- Legal support for information technology companies, tracking regulatory documents, public consultations and managing institutional relations with public authority;
- Participation in consulting committees on the topic of innovation in various market segments;
- Legal consulting to support entrance in governmental programs that foment innovation.
The majority of companies’ critical processes depend on quality, regularity and availability of technology services. Only when the risks involved are dully comprehended, it is possible to establish agreements that can protect the interests of both parties without derailing the economic balance of the contract.
Our team of legal experts on technology contracts always promotes the best contractual risks allocation and strives for the constant improvement of controls in outsourced services.
- Analysis of technical and legal risks in IT, telecommunication, Softwarehouse, cloud computing, and data management contracts;
- Development and analysis of international contracts;
- Development, reviewing and negotiation of contracts and SLAs;
- Development and/or reviewing of joint venture, outsourcing and other providers needed enable a business activity;
- Legal analysis and action on international commercial barriers;
- Legal advice on the transition process for a different IT and telecommunications provider;
- Support in renegotiating contract terms and resolving conflicts, with the use of notices, agreements, mediation and arbitration;
- Revenue recovery on noncompliance to the contract terms;
- Development, reviewing and negotiation of contracts involving document digitizing and storage, as well as the approval of procedures and software used to guarantee legal safety of the operation.
CORPORATE, M&A AND ARBITRATION
In a globally connected society qualified by intangible assets, technology stands as the competitive base and differential for any business. In this context, it is essential to provide specialized services to companies that seek to enable or consolidate their innovative projects by identifying and analyzing risks, ensuring good corporate governance and legal compliance, aligned with the the business itself, its sector, and with the opportunities they bring.
In recent years, it has been mor and more common for IT to lead mergers and acquisitions transactions. They are complex procedures, in which market aspects mix with regulatory issues and impact business valuation. One has to understand the business to align the strategy and trace the transaction in legal compliance.
Such need arises not only for large companies, but also for startups, especially in acquisitions. We highlight the main activities, combining legal security, technological and economic knowledge:
- Consultancy for corporate matters, from its planning, formation, agreements, reorganizations, mergers, acquisitions, spin-offs, constitution of holdings and partnerships;
- Due Diligence for Mergers, Acquisitions of Technology Companies or assets;
- Implementation of Information Security policies and standards to meet compliance requirements.
In any legal business, we can avoid thinking about what a possible solution to a conflict should be. Whether in the corporate aspect or in technology agreements, companies have been looking for quick and balanced solutions.
Arbitration is a conflict resolution mechanism indicated for such situations and it is important that parties chose to use it. The arbitration clause to achieve its full effectiveness must be re-enacted in accordance with the requirements of Law 9.307 / 1996, and it is up to the parties to analyze the regulation and choose the best arbitration center.
DIGITAL FORENSICS, CIVIL AND CRIMINAL LITIGATION
Legal professionals with technical expertise to act in conflict resolution both extrajudicial and judicially, as well as conducting and supporting electronic evidence collection through digital forensics, especially:
- Legal opinions on the viability of legal strategies and demands;
- Investigation and verification of identity and responsibility (anonymous email, invasion of infrastructure, offensive posts);
- Search and seizure of data and equipment;
- Removal of illegal or improper website contents;
- Litigating against the misuse, leakage and theft of information;
- Litigating against unfair business practices;
- Incidents involving misuse of corporate resources, as well as the unauthorized use of the trademark on the Internet;
- Litigating against electronic fraud e other cybercrimes;
- Development of incident response procedures;
- Treatment of cases involving online consumers;
- Acting as technical assistants on digital forensics;
- Legal support for compliance with Brazilian law, tracking regulatory documents, public consultations and managing institutional relations with public authority.