Advertising and unfair competition

ADVERTISING AND UNFAIR COMPETITION

We have extensive experience advising national and international clients in matters related to Unfair Competition and Advertising, such as: 

$

Detection of acts of unfair competition: We provide advice on the detection of acts of deception and confusion in the market, in its interrelation with the different market agents.

$

Review of advertisements and advertising campaigns: It is not enough to communicate and attract the attention of consumers, but also to avoid falling into assumptions that may constitute acts of unfair competition, whether acts of deception, undue comparison, denigration, among others.

$

Compliance with legislation in force: Whoever asserts a fact must have technical support to prove it. We support and provide advice on whether such technical support complies with the requirements of the legislation in force. As well as for the incorporation of legal messages in communications to the public.

$

Representation in sanctioning procedures and audits: It is important not only to have prior advice, but also when a lawsuit has been initiated against a potential client, to safeguard their interests and compliance with legislation in force. We assist both in cases in which actions have to be brought against possible infringers affecting good business faith, as well as the defense in case a lawsuit is brought against a client or potential client.

$

Acts of unfair competition carried out under the use of intellectual property: We handle both the knowledge of unfair competition legislation and those in which intellectual property is used to carry out acts against good business faith.

$

Advice and representation in alternative means of conflict resolution such as CONAR.

Key contacts

Consumer protection

CONSUMER PROTECTION

Our team has solid experience advising various companies in their relations with consumers, both at a preventive level in compliance with Consumer Protection regulations, as well as at a contentious level before INDECOPI.

$

Terms and Conditions for the provision of a service: Analysis and preparation of documentation of terms and conditions in accordance with Consumer Protection regulations.

$

Commercial promotions: We advise and analyze commercial promotions so that they comply with providing clear and appropriate information, within the provisions of the Code of Consumer Protection and Defense, we review and prepare the legal materials that must comply with commercial promotions, and sales promotions of products or services.

$

Contracts with consumers and distributors and documents that consumers will receive: we advise, prepare and review contracts, agreements, and documents (such as warranties, terms and conditions, advertising material, contracts) that will be delivered to end consumers, including the legal consequences to avoid and reduce contingencies according to the Consumer Protection Code.

$

Complaints Book: Assistance in the implementation and development of the Complaints Book in accordance with current regulations, both virtual and physical. We advise and provide support in answering claims in the consumer protection claims book, advice and analysis of the information that must be included and how to deal with it, registration in SIREC (claims registration system).

$

Assistance in the prosecution of consumer protection lawsuits: includes defense in lawsuits filed against companies for infringements or consumer claims based on the Consumer Protection Code.

$

Product Labeling: Advice, assistance and review of information that must be included in the labeling of manufactured products (food, household appliances, cosmetics, cleaning, tires, beverages, electronics, toys, medicines, etc.), in accordance with the law on labeling, advertising and consumer protection.

$

Assistance in negotiations and conciliations: Support in the assistance and preparation of negotiation and conciliation documents with consumers in the stages prior to the initiation of administrative proceedings in INDECOPI, or during the same.

$

Training on the Consumer Protection Code: We provide support and training to companies for the development of policies that comply with the Consumer Protection Code, understanding of the Consumer Protection Code and legislation. We prepare manuals and guides designed according to the services and/or products provided by the company in a personalized way.

Key contacts

Tax

TAX

Our tax practice has highly specialized lawyers, and experts in all areas of tax law. They have vast experience advising several of the most important local and foreign companies with business presence in Peru.

Estudio Olaechea’s tax team frequently provides advice on local and international taxation, corporate aspects with tax implications, financing, asset and business transfers, financial instruments, local and international mergers and acquisitions, multinational business development, and sophisticated tax structures. In fact, we seek alternatives to make businesses viable, eliminate contingencies and generate efficiencies from a tax point of view.

Our tax practice has developed particular expertise, among others, in the following sectors: digital platforms and services, maritime and air transportation, financial products, construction and real estate, universities, telecommunications, technology, and energy.

In addition to consulting services, Olaechea‘s tax team provides assistance in the following matters:

 

$

Preventive tax audits

$

Legal advice on tax audit procedures

$

Review of tax returns for individuals and legal entities

$

Tax compliance obligations (e.g. identification and declaration of beneficial owners, analysis on application of anti-avoidance rules, among others)

$

Representation and support in contentious and non-contentious tax proceedings, as well as in judicial proceedings in tax matters.

$

Formulation of institutional consultations with the Tax Administration

$

Legal representation before governmental authorities in tax matters

$

In-house and virtual training courses.

In addition, members of the tax team regularly prepare publications in specialized magazines and press media. Part of our team also participates as university professors and as speakers in various forums on the subject. It should be noted the participation of our tax team as an exclusive collaborator in Peru for Bloomberg Tax & Accounting in its portfolio on business operations in our country.

Key contacts

Technology, Media and Communications

TELECOMS, MEDIA & TECHNOLOGY

We provide specialized advice to our clients in the TMT sector, offering a consulting service on the regulatory framework and having a vast experience in the field. Our team is widely specialized in the regulation of new information and communication technologies, integrating our advice with the essential cross-cutting areas for the deployment of telecommunications. Our services include as follows:

 

$

Comprehensive advice on the sector's regulatory framework, especially regarding concessions, radio spectrum allocation, installation of passive infrastructure, infrastructure sharing, network interconnection and other related aspects.

$

Advice on the implementation of new technologies in the telecommunications sector

$

Consulting on antitrust matters in the telecommunications industry

$

Representing our clients in administrative proceedings before regulatory bodies and public administration entities

$

Advising on commercial transactions from a telecommunications regulatory perspective.

Key contacts

Insurance and Reinsurance

INSURANCE & REINSURANCE

We advise major insurance brokers and agents, insurers, reinsurers, adjusters and other related parties, providing full service in the insurance and reinsurance industry.
We are one of the few law firms that have taken on insurance disputes and non-contentious matters with proven experience in handling sophisticated insurance matters.

 

$

Drafting and negotiation of insurance contracts and clauses

$

Legal and regulatory compliance

$

Structuring and development of new insurance products

$

Coverage disputes on all types of insurance and claims handling

$

Organization and formation of insurance and reinsurance activities in Peru

Key contacts

Data Protection

DATA PROTECTION

Together with the adoption and development of new technologies, the digital era implies the analysis of important rights in personal data handling. Personal data protection must be considered in technologicaly projects taking into account privacy principles from the design and by default. Therefore, we provide our clients with specialized advice to comply with the regulations issued in the following areas:

$

Due Diligence to determine the level of compliance with personal data protection regulations in both physical and digital environments.

$

Preparation of privacy policies adapted to local requirements according to category.

$

Preparation of personal data protection codes of conduct, information security policies, and cookie policy.

$

Review or preparation of inter-company data processing agreements for compliance with cross-border communication flows

$

Registration, modification and/or deletion of data banks

$

Legal advice on direct protection responses requested by individuals exercising rights of access, rectification, cancellation, or opposition of personal data (ARCO rights)

$

Legal advice and defense in trilateral protection proceedings and in inspection and administrative sanctioning proceedings

$

Review of contracts for the provision of services in the cloud (Cloud computing)

$

Preparation of Data Processing Contracts

$

Cybersecurity

Key contacts