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Digital technologies regulations are complex and ever-changing. We are the ally that companies need to navigate in this context.
Regulatory trends on Artificial Intelligence, privacy, online commerce and the digital world are constantly being updated, making compliance difficult for the use, development and implementation of technologies. Additionally, unawareness or non conformity with regulation is a risk that leads to costly litigation and fines.
Consumers are increasingly attentive to how companies handle their data and comply with regulations, impacting the reputation of companies.
Knowing the regulatory environment and being guided on its concrete application is crucial for the proper use, development and implementation of digital technologies.
What we offer:
a. Training: managers and teams will be aware of the regulation and know how to comply with it.
b. Guidance: we advise on the specific application and form of compliance with the regulation of digital technologies.
c. Risk assessment and management: we identify and analyze the legal and regulatory risks faced by companies, offering:
i. Development of compliance policies, procedures and strategies.
ii. Accompaniment in the handling of non-compliance incidents.
iii. Representation in case of regulatory inspections or investigations by Colombian public authorities.
Contracts related to digital technologies are highly technical and complex.
Lack of knowledge of the technologies and their implications, as well as the applicable regulations, increases the risk of contractual and legal breach, resulting in lawsuits, penalties and fines.
Neglecting the contract life cycle, from preparation to termination, increases operating costs and hinders effective negotiation, efficient execution and conflict prevention.
Comprehensive contract management is an opportunity to improve operational efficiency and achieve stronger business results.
What we offer:
Guidance in the preparation, negotiation, drafting, execution and termination of commercial and contracts specialized in digital technologies, including:
i. Provision of digital services.
ii. Intellectual property licensing.
iii. Confidentiality and non-competition.
iv. Supply, distribution and commercial agency
v. Business collaboration and joint ventures.
b. Audit on contracting policies and processes for risk analysis and management.
c. Guidance on the implementation of legaltech tools for contract management.
d. Audit of existing contracts to analyze compliance and identify potential risks.
Organizations collect and process large amounts of personal data in the digital environment. Regulatory implementation requires a highly pragmatic approach that safeguards individuals’ privacy and enables business growth.
Privacy protection is now a competitive advantage in the marketplace because it increases consumer confidence. Secure and ethical handling of personal data reduces the risk of unauthorized or improper use of information.
Companies must respond effectively to IT security incidents to mitigate potential damages and penalties.
What we offer:
a. Training: managers and teams will be aware of the regulation and know how to comply with it.
b. Guidance: we advise on the specific application and compliance with the regulation on personal data protection.
c. Data Protection Impact Assessment (DPIA): (DPIA – Data Protection Impact Assessment): we identify and analyze the legal risks faced by companies. We develop regulatory compliance policies and risk reduction strategies.
d. Development of privacy policies and procedures including terms and conditions and policies for Apps and Websites, and Corporate Data Protection Policies.
e. Assistance in the preparation, negotiation, drafting, execution and termination of contracts for the processing of personal data.
f. Advice on the implementation of privacy enhancing technologies (PET), such as consent management systems and data automation.
g. Advice and legal representation in litigation, petition rights, constitutional remedy (tutelas), complaints and requirements before the Colombian data protection authority – Superintendence of Industry and Commerce.
h. Management of data security incidents: We develop plans and protocols for the management of data security incidents, including notification of data breaches to the authorities and affected individuals.
The increasing amount of interactions and flow of information in the digital environment can lead to legal disputes.
Lack of knowledge about digital technologies and how they work makes it difficult to prevent or settle conflicts. Companies should know in detail the aspects that cause major conflicts, in order to prevent them or manage them in the best way.
Disputes in the digital environment can involve parties located in different jurisdictions, which can make them difficult to resolve.
Emerging digital technologies, including Artificial Intelligence, function with unprecedented dynamics, presenting legal liability rules with unparalleled interpretation challenges.
What we offer:
a. Advice on identifying litigious patterns in the organization and developing strategies for the mitigation of legal disputes.
b. Accompaniment in amicable dispute resolution: pre-judicial and judicial settlement, direct negotiations and mediation.
c. Accompaniment and legal representation in:
i. Reorganization and judicial liquidation proceedings before the Superintendence of Corporations or ordinary justice.
ii. Ordinary proceedings before the civil, commercial and arbitration jurisdiction. Mainly declarative contractual and executive proceedings.
iii. Constitutional remedy (tutela), class actions and group actions. We specialize in the human right to freedom of expression, data protection and privacy.
iv. Petition rights, complaints, requirements and sanctioning processes before authorities such as the Superintendence of Industry and Commerce.
v. Proceedings on consumer rights.
The changing regulatory landscape forces companies to develop and execute comprehensive public policy and communications strategies that enable them to prevent and manage regulatory and reputational risks.
Faced with this complex scenario, companies must be an active part of the construction of public policies. Influencing and participating in these processes will contribute to a strengthening of the sector.
What we offer:
a. Monitoring and follow-up of regulatory and legislative developments.
b. Identification of regulatory risks and opportunities that may impact our clients’ areas of interest.
c. Preparation of customized reports with strategic insights that provide our clients with a detailed understanding of what is happening in the non-market: regulatory updates, legislative developments, discussions and debates.
An effective participation in the construction of public policies by companies requires the design of strategies and construction of methodologies that allow them to comply with their business objectives and with the best practices of the technology sector.
The challenges in technology also imply the need to implement comprehensive public affairs and communications strategies to prevent and adequately manage crises that may impact the reputation of companies.
What we offer:
a. Identification of relevant stakeholders in the legislative and executive branches of government and public opinion. Measurement of impact and incidence for the business.
b. Elaboration of comprehensive public affairs and communications strategies to achieve your business objectives.
c. Development of a strategic roadmap to achieve business objectives. Through specific actions and timelines, our clients can navigate a dynamic regulatory landscape with confidence, armed with comprehensive sector knowledge and a clear plan of executable actions.
d. Crafting distinctive narratives grounded in regulatory monitoring and intelligence. This process involves identifying trends and crucial elements to strategically position and manage both risks and opportunities.
A robust strategy demands effective execution, enabling companies to establish a significant presence among decision-makers and opinion leaders. This involves proactive engagement in shaping regulations and public policies that impact the technology sector.
When companies communicate effectively, they are one step ahead. At Blueway, we help our clients lead and influence the technology sector.
What we offer:
a. Through collaborative work strategies, our work focuses on positioning messages in front of key stakeholders.
b. Execution of strategies and action plans based on the understanding of the regulatory and normative ecosystem.
c.Identification of spaces for participation in the executive and legislative branches, in order to participate in decision making on issues of interest to our clients.
