Digital and Digital Businesses

The Digital Law represents the maturing of the legal department role as a link between innovation and risk management.

The evolution of Digital Law in the last years changed its level, putting it as a strategic tool in the Public and Private Organizations, extending the view on responsibilities, risk management, governance, legal conformity and reputation protection.

The managers started to seek guidance from specialists in Digital Law, with focus turned to risks and opportunities for the development of its business increasingly more based on technology and innovation. Thus, the attorney assumed the role of the strategist, who acts anticipating opportunities and identifying risks to reduce incidents and financial losses.

In order to mitigate these risks, we have to know them. At each day new subjects that we need to follow come up, for instance:

• Intellectual Property and Innovation (Trademark Protection and Reputation, Software and Patents of new technologies, from artificial intelligence to the internet of things)
• Information Security and Combat to Digital Fraud (Digital Crimes, Forensic Expert Investigation, Response to attacks such as ransomware and DDoS).
• Privacy, Data Protection and Digital Compliance (General Law of Data Protection, Brazilian anticorruption Law, FCPA, UK Bribery, Internet Civil Landmark)
• Digital Businesses and Online Consumers (Fintechs, E-commerce, Internet promotions and social medias) Cyber due diligence for M&A and IT Agreements (technology agreements, cloud computing, recovery of income in SLA's and arbitration).

With the elimination of paper processes and the growing use of electronic contracts, everything currently passes through electronic evidences and machine witnesses. The information security started to integrate the organizational culture and the investment in awareness of the teams in these new subjects became fundamental.

In this scenario, only the updated and multi-skilled professionals manage to perform with Digital Law, because they have to have a holistic and integrated view to reach business goals and keep the sustainability itself in the Digital area, in addition to supporting the company to build the normative, whether legal or corporate, adequate to the new reality.

According to the view of Lawrence Lessig, creator of Creative Commons, the rule of the game has to be taught inside the game itself.