TECHNOLOGY, TELECOMMUNICATIONS, DATA PROTECTION, AND INNOVATION
With the fast technological advances and the constant evolution of regulations, it is essential that companies can have support on adequate legal expertise, through a highly specialized team.
In the area of technology, the firm can offer legal support to technology-based companies, startups and investors, assisting in the structuring and negotiation of contracts, licensing, intellectual property protection, and dispute resolution. In the field of innovation, the firm can assist in drafting research and development contracts, collaboration with universities and research centers, as well as providing legal advice on patent protection, copyright, and trademarks.
In the area of telecommunications, the firm can assist in obtaining licenses, authorizations, and concessions from regulatory agencies, in addition to acting in administrative and judicial litigation. The firm also has a relevant experience involving the tax aspects of the telecommunications sector, having sponsored paradigmatic cases such as those related to goodwill generated in corporate operations that occurred in the late 1990s and 2000s for the entry of foreign investors in the country and controversies involving specific tax benefits of the sector, as well as in relation to several ICMS issues that impact the provision of telecom services.
We advise on contractual issues, privacy policies, data protection and compliance, ensuring compliance with industry laws and regulations.
In this context, the General Data Protection Law (LGPD), in force since September 2020, imposes itself on any personal data processing operation carried out by a natural or legal person, under public or private law, regardless of the medium (physical or digital), the country of its headquarters or the country where the personal data are located, provided that: the processing operation is carried out in Brazil; the processing of personal data is intended to offer goods or services to individuals in Brazil; the operation is intended to process data of individuals located in Brazil; or, the personal data have been collected in Brazil. Thus, even if the company is based abroad, it may be subject to the LGPD, except in the case of processing of personal data for exclusively artistic and journalistic or academic purposes, exclusive purposes of public security, national defense, state security or investigation and prosecution of criminal offenses.
According to data protection norms, as well as constant technological advances, a real change in culture, controls and processes should be adopted within companies, as they must engage all employees, collaborators and third parties who have a direct relationship with the business carried out. Our work includes, among others, identifying the existence of processing of personal data collected in social networks and on the company’s website, analysis of communication gaps, preparation of process impact reports and crisis management, as well as the establishment of effective control policies and control mechanisms for compliance with data protection standards.
With a multidisciplinary team specialized in these areas, Schmidt Valois Advogados can provide personalized and strategic services, adapting to the specific needs of each client, offering efficient and secure legal solutions for the challenges present in the telecommunications, technology, data protection, and innovation.
How we can help:
- Mapping of the procedures and policies adopted by the company regarding treatment of personal data.
- Mapping of practices to prevent leakage of personal data.
- Creation of good practice policies, refinement of documentation for compliance with the LGPD and GDPR.
- Orientation for selection of the Data Protection Officer (“DPO”).
- Preparation of impact reports and crisis plans.
- Conduction of training sessions for engagement and awareness of employees and outsourced workers.