Data Protection and Information Security

Data Protection and Information Security

DATA PROTECTION AND INFORMATION SECURITY

The digital revolution has ushered in a new era of innovation, but also significant data privacy risks. As technology rapidly evolves, data protection must be a core consideration from the very beginning (by design and by default) of any technology project. We understand this complex landscape. Our specialized consulting services empower our clients to navigate these complexities and ensure compliance with the latest data privacy regulation.

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

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

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

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

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Registration, modification and/or deletion of data banks

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

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

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

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Preparation of Data Processing Contracts

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Cybersecurity

Key contacts

Intellectual Property

Intellectual Property

INTELLECTUAL PROPERTY

We have extensive experience providing advice on intellectual property issues, advice on the protection and defense of the various elements of intellectual property, such as in the registration of applications, negotiations in acquisitions of intellectual property elements, drafting of license agreements, assignment of rights, transfers, trademarks, patents, copyrights, software, among others, and managing records according to client needs in Peru and the world.

Our legal advice covers diverse matters such as the following:

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Advice to companies and individuals on the management of their trademark and distinctive signs portfolios, including search, registration, oppositions, cancellations, complaints, infringements, as well as in the definition of strategies for the protection and defense of their trademarks and other distinctive signs.

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Copyrights: Resolution of queries related to copyrights, registrations, and actions necessary to protect copyrights in favor of the owners.

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Unfair competition / advertising: complaints in Indecopi for acts against unfair competition through advertising, review, and advice to domestic and foreign companies on their advertisements.

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Appellations of origin: Advice to companies on applications for authorization to use a protected appellation of origin.

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Patents, utility models, and plant varieties: Advice to various domestic and foreign companies as well as individuals on the registration of their inventions and their protection

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Domain Names: Advice to companies in connection with domain names including their registration, as well as the protection and defense of domains that infringe intellectual property rights, including the purchase and transfer of domains improperly registered by third parties and the recovery of the same by their owners.

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Infringements: Protection and defense of the intellectual property rights of the various holders against third parties who improperly use the different elements of industrial and intellectual property, coordination with Indecopi and the Customs Administration on the import and counterfeit products and border measures.

Mining

Mining

MINING

Our mining team has extensive experience in this industry advising domestic and foreign companies. The following is a brief description of our advisory services:

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Advice on mining titling (obtaining, regularization, acquisition, etc. of mining concessions and projects)

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Advice on mining regulation (compliance with the various requirements related to mining activities, such as water rights, certificate of non-existence of archaeological remains, environmental instruments, use of explosives, etc.)

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Advice on obtaining credit facilities, including the corresponding guarantees.

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Advice in negotiating with indigenous communities, especially with regard to the use of surface land for the development of mining projects. In this regard, the contribution of our specialists, who takes into account the different regional idiosyncrasies, is particularly important.

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Advice on investment agreements, especially for junior mining companies.

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Comprehensive advice on mergers and acquisitions involving mining projects

Private Equity / Asset Management

Private Equity / Asset Management

PRIVATE EQUITY / ASSET MANAGEMENT

Our Asset Management practice has a team of professionals specialized in the structuring of mutual funds and investment funds, with knowledge of the market and the necessary understanding to promote investment in the different types of funds in the local and international market.

We devise the best strategies for our clients to offer their private equity, venture capital, fixed income or equity investment funds to different types of Peruvian investors, playing an intermediary role during the placement process. We know the managers that administer investment funds and we offer the best alternatives for their incorporation and licensing process before the corresponding authorities.

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We advise in all legal phases of structuring and placement of investment funds and mutual funds, providing our services in the design and management of all types of funds (private equity, real estate funds, venture capital, debt funds, factoring funds) wishing to invest in the Peruvian market either through local institutions or through foreign structures. Design of the Fund's Investment Policy.

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Advice on the registration process of public funds before the pertinent authority.

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Advice on the design of investment funds that support Fintech structures and their interrelation with Fintech.

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Legal advice and marketing strategy for foreign funds wishing to participate in the Peruvian market through the private offering of securities permitted by local legislation.

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Inclusion of eligibility requirements for the investment of the portfolio of Private Pension Fund Management Companies (AFPs) and Insurance Companies.

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Inclusion of specific covenants for each type of Fund. Advice on the structuring of the venture capital fund, real estate, factoring or other debt instruments.

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Capital Markets

Capital Markets

CAPITAL MARKETS

We provide comprehensive advice to institutional investors, management companies, and professional managers, among others, in all areas of business law related to the structuring, development, and tax and regulatory analysis of private equity and investment funds. In addition, our team has the support of other areas: Corporate and M&A, Banking and Finance to provide clients with a complete service.

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Management of transactions related to shares and debt securities

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Advising on cash flow financing, equity issuance, programs for the purchase and sale of securities and other assets

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Open-end and closed-end investment funds

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Financial trusts

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Financial regulations

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Public offering of shares and debt securities

Key contacts

Dispute Resolution

Dispute Resolution

DISPUTE RESOLUTION

We establish and develop the best strategy to defend our clients’ interests.

Our three litigation teams have extensive experience in complex and high profile matters involving competition, financial instruments, real estate, construction, trademarks, breach of contract, collections, debt recovery, government contracts, investment projects, among others.

Our services involve advising various national and international companies in investment arbitrations and national and international commercial arbitrations, considering that the fundamental aspect of an arbitration, after having defined the controversy, is to correctly designate the arbitrator.

We also have extensive experience in commercial, constitutional, civil and administrative litigation, four ways to resolve business or individual disputes before the Judiciary.

Therefore, our legal advice covers various matters such as:

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Analysis and drafting of contracts, defining the dispute resolution clause (arbitration or judicial), national or international, for the case in which a dispute arises in the future.

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Advice on negotiations to prevent the escalation of disputes.

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Structure and development of strategies to raise the action or defense of the interests of our clients as appropriate.

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Advice on negotiation and conciliation processes.

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Legal representation and defense in judicial or arbitration proceedings.

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We participate in the performance of Due Diligence to companies for the sale or purchase of such companies.

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Issuance of legal opinions.