IN AN INCREASINGLY CONNECTED WORLD, ALMOST EVERY BUSINESS IS EVOLVING TO HAVE ITS DIGITAL FACE. BY ADDING UP-TO-DATE KNOWLEDGE AND DEEP EXPERIENCE IN DIGITAL LAW TO OUR LEGAL INTELLIGENCE IN A WIDE RANGE OF AREAS, WE ARE ABLE TO OFFER COMPANIES COMPREHENSIVE AND INTEGRATED ADVICE TO HELP THEM CAPITALIZE ON OPPORTUNITIES IN THE NEW ECONOMY, MANAGING THE RISKS OF THEIR INVESTMENTS WELL, AND KEEPING THEIR BUSINESSES SAFE.
Our Digital Law specialists work together with other practices in the firm to develop robust and integrated solutions for clients, with agility and strategic vision for their needs.
Whether with issues related to cyber risks, personal data protection, regulatory compliance, or the legal aspects of technologies such as blockchain and artificial intelligence, we ensure that your operations and relationships in the digital environment are secure, transparent, ethical, and legally compliant.
We provide legal advice on all issues related to information security and digital fraud, from cyber risk mitigation to crisis management and incident remediation. Our services include:
Preparation - We help the company develop appropriate plans and structures to manage cyber risk and respond to incidents quickly and effectively. To this end, we prepare and review response plans, policies, contracts, campaigns, codes of conduct, and corporate governance structures to reduce exposure to risks and ensure preservation of electronic evidence, based on market best practices, ISO ABNT 27,000 and 31,000 standards, COBIT, ITIL, NIST, comparative law, and current legislation.
Answer - Our focus is to contain the negative impacts of the event, ensure business continuity, and protect brand reputation. We support the company in incident investigations, crisis room, interfacing with authorities and regulators, senior management and other stakeholders, such as employees, suppliers, and customers.
Remediation - We help mitigate the impact of legal actions resulting from the incident, including liability, class actions, and administrative proceedings, among others. We also perform an incident review in a gap assessment and a lessons learned process that helps strengthen the company's information security maturity.
DATA PROTECTION AND PRIVACY
We act in the structuring and implementation of programs for compliance with the General Personal Data Protection Law (LGPD), in privacy and data protection due diligence for merger and acquisition processes, and provide consulting to data protection officers (DPO). We also provide day-to-day data protection consulting for companies to strengthen and enforce the governance plan adopted, and offer legal support in managing crises arising from personal data leak incidents.
ARTIFICIAL INTELLIGENCE (BIG DATA AND DATA ANALYTICS)
We advise clients to ensure that their use of artificial intelligence (AI) complies with applicable regulations, follows ethical principles and values, and is structured to mitigate risk and avoid discriminatory bias and unintended harm.
To this end, we provide legal advice on the preparation of documentation and reports to ensure transparency and accountability. We also support audits and oversight of AI systems and risk assessments and analyze contracts involving the use of this technology and its legal ramifications.
We provide advice on review and explainability of automated decisions, business with data analytics, use of facial recognition and algorithmic impact reporting, and ethical and responsible use codes for AI technologies, among other services.
BLOCKCHAIN, TOKENIZATION, AND CRYPTOCURRENCIES
We conduct feasibility studies of blockchain-based projects and provide advice on structuring investments with tokens and cryptocurrencies and on initial coin or token offerings (ICOs and STOs) aimed at funding new ventures, as well as on legal issues related to NFTs (Non-Fungible Tokens). We also provide support to traders, brokers, and cryptocurrency collective investment firms in relation to legal matters.
We advise our clients on the handling of user data and provide advice on regulatory, digital, and data protection issues relating to banking, including Open Banking and instant payments. We prepare and review contracts, privacy policies for platforms and applications, and information security policies, among other documents related to financial products and services, to adapt them to regulatory standards involving information security, digitalization, cloud services, and personal data protection.
Acting preventively, we monitor the internet and social media to detect possible attacks on the brand, take swift action to stop them, and identify and hold the offenders accountable.
ENTERTAINMENT AND MEDIA
We provide advice to companies in the sector to adapt their products and practices to the guidelines and standards that regulate activities in digital media. We provide guidance in relation to contracts with digital influencers, advertising campaigns, and publication and moderation of content on digital platforms.
STARTUPS AND INNOVATION
Our professionals have deep knowledge of the innovation environment and implementation of new business models. We are ready to assist startups in their legal structuring and in the specific demands of the segment.
According to the stage and profile of each business, we assess the possible regulatory impacts and legal risks to which companies are exposed in the performance of their activities and outline strategies to mitigate them. We draft pre-organizational memoranda and contracts and provide guidance on compliance with legal requirements and on risk mitigation for the business and the entrepreneurs and investors involved.
We provide legal advice on various forms of project financing, including through funding agencies, and act so that our clients can benefit the most from tax incentives offered to companies that invest in research, development, and technological innovation, such as the Asset Law (Law No. 11,196/05), the Information Technology Law (Law No. 8,248/91), and the Legal Framework of Startups (Supplementary Law No. 182/21).
We also have experience in guiding the development of innovation companies supported in the Triple Helix model, taking care of all legal aspects involving the synergy between companies, public authorities, and research centers and universities.
Legal advice for all stages of the gaming business including intellectual property, contracts with developers and service providers, virtual gaming assets (coins, skins, items, NFTs etc.), civil liability cases involving virtual environments, and measures for regulation and moderation of content in chats and virtual gaming spaces, among other legal measures generated by the specific impacts of the development of these activities in the digital environment.
Legal consulting on analysis of contracts of professional players with teams, as well as for issues involving intellectual property such as trademarks and licensing, sponsorship contracts, arena rights, and players' image rights, among other measures related to e-sports.
We serve in various judicial and arbitration proceedings on issues of Digital Law, involving B2C, B2B, unfair competition issues, intellectual property disputes, software, development of solutions, etc. We also assist clients in the prevention and prosecution of cybercrime, such as improper access to data, issues related to ransomware, improper copying and/or use of confidential files, among other criminal offenses related to the digital world. We also provide counseling in relation to administrative, civil, and labor issues and monitor forensic activities.
We advise our clients to keep their practices in compliance with the legislation that regulates activities in the digital environment, such as the Brazilian Civil Rights Framework for the Internet (Law No. 12,965/14), the General Personal Data Protection Law (Law No. 13,709/18 or LGDP), the Cybercrime or "Carolina Dieckmann" Law (Law No. 12,737/12), and the GDPR (General Data Protection Regulation of the EU), and the Electronic Commerce Decree (No. 7962/2013), among others. We control internal processes to avoid inappropriate use of tools in the digital environment, including from an ethical point of view, and to ensure the best preservation of the necessary evidence.
We serve in administrative proceedings relating to information security and privacy incidents. We also participate in the structuring, review, and maintenance of governance programs focused on data protection and information security.
We appear before the Administrative Council for Economic Defense (Cade) and in judicial litigation, in proceedings involving issues related to digital competition. We also provide consulting services to assess antitrust compliance in transactions and contracts and develop compliance programs.
We conduct audit and due diligence processes in M&As to assess the compliance of potential investee companies with current legislation, in addition to the possible existence of illegal acts that may affect the transaction and generate liabilities for the successor or investee companies.
Exploiting technological, visual, and interactive resources with simple language supported by graphic information, we design and revise the presentation of complex legal information to enhance the reader's experience and ensure efficient communication with each target audience. The goal is to make contracts, privacy policies, and notices, manuals and other legal communications attractive and easily understood by non-experts, while still meeting your legal and regulatory compliance objectives.
Our work is based on the Legal Design methodology, developed by Stanford University as an intersection between Law and Design Thinking. In each case, we bring together a team of experts in law, content, and design (infographer) to conduct a careful analysis of how this concept can be applied in each case, always in line with the company's objectives, its identity, and the principles that underpin legal acts.
We advise candidates, pre-candidates, parliamentarians, parties, and people involved in electoral processes in general. We perform legal monitoring of networks, consultancy for political campaigns on the Internet and social media, and serve in legal and extrajudicial actions in specialized and common courts.
We advise our clients on tax issues involving e-commerce, software use, and cryptocurrencies, among others. We assist in structuring new digital businesses and marketplaces.