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  • #GLTHweek | Data leaks and cybersecurity awareness

    In the spirit of Cybersecurity Awareness Month, our partners from Suments Data are thrilled to bring you an engaging online session that delves deep into the challenges of data leakage within organizations! In today's dynamic legal landscape, the protection of confidential information stands as a paramount concern. Legal tech enterprises bear the responsibility of safeguarding privileged data, placing them squarely in the crosshairs of cyber threats that can lead to data leaks, confidentiality breaches, and substantial cybersecurity and compliance challenges. Despite the ever-evolving cybersecurity landscape, personal and sensitive data exposure on websites often goes unnoticed by many organizations. This critical gap in awareness poses a significant risk, as malicious actors increasingly employ sophisticated techniques to exploit these vulnerabilities. As we immerse ourselves in the realm of Cybersecurity Awareness Month, we're thrilled to unveil a groundbreaking collaboration between the Global Legal Tech Hub (GLTH) and Suments Data, a pioneering startup committed to fortifying data leakage prevention. To mark the spirit of this month, and in recognition of the ever-present data security challenges, GLTH members are granted exclusive access to an in-depth data leaks report provided by Suments Data. This report promises to deliver valuable insights, enabling organizations to proactively address potential vulnerabilities and bolster their cyber resilience. GLTH partners are granted exclusive access to an in-depth data leaks report provided by Suments Data! The hidden risks of metadata leaks GLTH's Data Leakage Case Study delivered by Suments Data has been designed to shed light on an often-overlooked vulnerability: loss of confidentiality due to metadata information exposure. Metadata leaks present cybersecurity and regulatory risks, as reveal personal and sensitive information such as personal names, IDs, phone numbers, emails, internal usernames, GPS locations, tools (software and hardware), as well as intellectual property data. Cybercriminals can arm themselves with tools to scan and exploit this valuable information, frequently disregarded by companies. That is why the 'Exposure of Sensitive Information Through Metadata' is documented as a known weakness in the Common Weakness Enumeration (CWE 1230), which forms an integral part of the widely recognized MITRE ATT&CK framework, globally-accessible knowledge base of adversary tactics and techniques based on real-world observations. #GLTHweek Online session: Unlock your Free Data Leakage Report! As the legal tech sector continues to evolve, ensuring cyber resilience isn't just a responsibility; it's an imperative. Until October 31st, all GLTH members are eligible to request a data leakage report for their websites. To request your report, simply visit this page and enter your corporate email address. Please make sure it corresponds to your organization's web domain registered with GLTH to validate your request. The Data Leaks Report offers a valuable opportunity for GLTH members to assess their information exposure and identify potential data leakage vulnerabilities. It includes: A risk level score to evaluate your website's data leakage situation. Detailed visualization of the most critical data leaks and their impact on the risk level. Identification of threats associated with detected data leaks, such as personal data breaches, phishing attacks, vulnerability research, and more. Location mapping of website subdomains based on server locations to assess potential data transfer issues. Analysis of data leaks by file type, with visual data representation to understand the big picture. Dive deeper and get the most of your report Join us as we explore the intricacies of data leaks and discuss how to make the most of your data leakage reports in our upcoming webinar, 'Data Leaks and Cybersecurity Awareness'. This informative session will take place on October 17th at 18:00 (GMT+1). Get ready to enhance your cybersecurity knowledge and protect your organization's digital assets effectively. Together, we can safeguard the future of legal tech. Join us in the fight against data leaks and bolster your cyber resilience! #CyberSecurity #GLTHweek #GLTHday #TheDayAfterAI

  • China, the first country to regulate Generative AI

    Milagros Tallarico, Semi Sr. Associate at Alfaro Abogados Generative AI (Gen AI) is a rapidly growing field worldwide, and China is no exception. This country has shown great interest in the development of artificial intelligence and has invested significantly in this area. In this context, a significant step has been taken to become the first country to regulate Generative AI. China's Cyberspace Administration, the main internet oversight body in the country, has released a set of updated guidelines that came into effect on August 15th, aimed at controlling the use and development of this technology within its territory, causing a sensation worldwide. Key Aspects of the "Measures for the Management of Generative Artificial Intelligence Services": The regulations establish principles, obligations, and responsibilities for providers and users of Generative AI services similar to ChatGPT, which use models and algorithms to create content such as texts, images, or videos. Among its key aspects are: Technological Development Innovative application of Gen AI technology across various industries and fields should be promoted. Positive, healthy, and high-quality content should be generated, application scenarios explored and optimized, and an application ecosystem built. Data Labeling When data labeling is carried out during Gen AI technology research and development, providers must formulate clear, specific, and actionable labeling rules that meet the requirements of these measures. Additionally, data labeling quality assessment should be conducted; accuracy of labeled content must be verified; necessary training for labeling personnel should be provided, guiding them to carry out labeling work in a standardized manner. Prevention of Harm Legitimate rights and interests of others must be respected. Others' physical and mental health should not be endangered, nor should image rights, reputation rights, honor rights, privacy rights, and personal information rights of others be infringed upon. Non-Discrimination In the process of algorithm design, training data selection, model generation and optimization, and service provision, effective measures must be taken to prevent discrimination based on ethnicity, belief, country, region, gender, age, occupation, health, etc. Users If users find that Gen AI services do not comply with laws, administrative regulations, and the provisions of these measures, they have the right to complain and report to the relevant competent authorities. As a result, detailed guidelines are set for users and consumers, where the provider must: Establish a mechanism to handle user complaints regarding personal privacy or trade secrets. Provide information that may impact user trust and choice, including descriptions like the source, scale, type, and quality of pre-training and optimized training data, manual labeling rules, scale and type of manually labeled data, basic algorithms and technical systems, etc. Guide users to scientifically understand and rationally use content generated by generative artificial intelligence, not to use generated content to harm others' image, reputation, and other legitimate rights and interests, and not to engage in commercial exaggerations or inappropriate commercialization. Business Ethics Respect for intellectual property rights, business ethics, trade secrets must be observed, and algorithms, data, platforms, and other advantages must not be used to implement monopolies and unfair competition. Transparency Based on the service type's characteristics, effective measures must be taken to enhance the transparency of Gen AI services, improving the accuracy and reliability of generated content. Providers These regulations outline the obligations of providers, including: Assuming legal responsibility as content information producers on the network and fulfilling network information security obligations. If personal data is involved, the responsibilities of personal data processors will be assumed in accordance with the law, fulfilling the obligation to protect personal data. Entering into service contracts with users of Gen AI services, recording their services, clarifying the rights and obligations of both parties. Clarifying and disclosing the applicable population, occasions, and uses of their services, guiding users to understand and use Gen AI technology scientifically and rationally in accordance with the law. Taking effective measures to prevent minors from overly relying on generative artificial intelligence. Complying with user information protection obligations and using records in accordance with the law; not collecting non-essential personal information; not illegally retaining input information or using records that can identify users. Clarifying and disclosing the applicable population, occasions, and uses of their services, guiding users to understand and use generative artificial intelligence technology scientifically and rationally in accordance with the law. These measures are a result of a series of AI regulations that China has developed over several years, including initiatives like "Made in China 2025", the action plan to promote Big Data development, and the Next Generation Artificial Intelligence Development Plan. Together, they will complement Cybersecurity laws, Data Security laws, Personal Information Protection laws, as well as Deepfake Provisions and Administrative Provisions on Internet Information Service Recommendation Algorithms. Scope of Application These rules will apply to Gen AI-based services offered to the general public in China, while technologies developed in research institutions or intended for foreign users will be excluded. These rules will be overseen by seven national agencies, including the cyberspace oversight body, the National Development and Reform Commission, and the Ministry of Education. iFlytek, ChatGPT's Rival China aims to achieve technological leadership by the beginning of the next decade, in 2030. Private companies are working on projects related to artificial intelligence based on data and algorithm management. Global competition based on computing advances and industrial potential has led several firms to present their own ChatGPT-type robots. On May 6th, China introduced iFlytek, its latest initiative in voice recognition software, designed to compete with ChatGPT in the educational and business fields. The company's goal is for its creation to surpass ChatGPT's performance in handling the Chinese language and match it in English by October. Publicly, iFlytek presents itself as a smart voice and artificial intelligence company aimed at designing solutions that facilitate verbal communication processes and bridge languages. In its formal presentation, it claims that natural language understanding, automatic and adaptive learning and reasoning are the core focus of its developments. The applied artificial intelligence of this platform has enabled the creation of a digital news presenter capable of delivering news in 24 different languages. It also produces various devices, some publicly accessible, that function as simultaneous translators. iFLYTEK's strengths today lie in a series of artificial intelligence-based products and applications that impact various areas, ranging from education and health to the production of various intelligent electronic voice language translation devices and computer programs. Conclusions Generative AI has experienced extraordinary advancement in the last decade, and one of the countries at the forefront of this revolution is China. Its determined focus on technological innovation is evident, demonstrating a strong commitment to the development of Generative AI. This commitment has led to significant advancements and contributed to the rapid progress of generative artificial intelligence in the country, making it a global pionees in terms of regulation. Most agencies have optimistic views about the economic impact of AI on China's long-term economic growth. While China's intention is to regulate to foster an environment conducive to innovation across all industries, science, and technology with public efforts, the scenario for countries taking the initial steps in regulation presents ethical and regulatory challenges. Data security is and will be the most common topic in the global ethical AI discussion. The use of Generative AI algorithms will continue to raise uncertainties about intellectual property and copyright, as well as privacy and data use. These challenges must be addressed to ensure that generative artificial intelligence is used in an ethical and responsible manner, not only to keep up with international competitors but also to forge its own path. | BIBLIOGRAPHY ’Translation: Measures for the Management of Generative Artificial Intelligence Services Draft for Comment’’ / Stanford University "Medidas Administrativas para los Servicios de Inteligencia Artificial Generativa (Borrador para Comentarios)" / Administración de Ciberespacio de China ’Comprender las nuevas regulaciones de China sobre IA generativa’’ / China Briefing "China regula la industria de la inteligencia artificial generativa’’ / LexLatin ‘’Made in China 2025: así es el ambicioso plan tecnológico chino que amenaza el dominio de EU’’ / Forbes ‘’China busca meterse en la pelea por la Inteligencia Artificial’’ / Ámbito ‘’China Regula los Servicios de Inteligencia Artificial Generativa con ChatGPT’’ / The Logistics World ‘’El salto de China en la inteligencia artificial: un rival para ChatGPT y otras innovaciones’’ / Cronista - Milagros Tallarico Semi Sr. Associate at Alfaro Abogados #legaltech #AI #China #Regulation

  • Karol Valencia is appointed Ambassador of Alliances at Global Legaltech Hub

    She will lead agreements with national and international entities, universities, governments, and hubs. > Press Release The Global Legaltech Hub (GLTH) appoints Karol Valencia as Ambassador of Alliances with the aim of reaching agreements with the most significant entities in the legaltech universe worldwide. The addition of the CEO and Co-founder of WOW Legal Experience comes at a moment of exponential growth for the organization, which now counts over 300 members worldwide and collaborates with major entities across all five continents. "To begin materializing our international growth plan, Karol and her team are a key asset," emphasized Laura Urquizu, President of the GLTH. Karol joins the alliances team and will lead agreements with national and international entities, universities, governments, and hubs. "Karol is a professional with incredible energy, and that's exactly what we need in Alliances – individuals capable of bridging connections across the entire ecosystem," stated Albert Ferré, Vice President and CEO of the GLTH. "In 2023, connecting with entities, governments, and hubs is a priority for the GLTH," added Ferran Sala, Vice President of the GLTH. Her experience and skills represent a significant asset for the organization, and there is excitement about what she will achieve in her new role. "Karol's connections span the globe, and her exceptional ability to reach agreements led us to bet on her for this position," expressed Albert Ferré. With Karol Valencia joining the Alliances team, the GLTH positions itself as a leading entity in promoting legaltech globally. Their commitment to international growth and collaboration with key players in the sector will strengthen the role of GLTH as a meeting point and driving force for innovation and cooperation within the legaltech community worldwide. #GLTHteam #legaltech #growth

  • Global Legaltech Hub faces the next stage of global growth with a new CEO

    The entity's General Assembly confirms Albert Ferré as CEO The Global Legaltech Hub Association held its General Assembly of members on 30 June. The event approved the renewal of the Board of Directors of GLTH and also the appointment of a new CEO. Albert Ferré will lead the organisation in its new phase focused on the expansion of the entity. The president of the GLTH, Laura Urquizu, emphasised that "we are living a particularly exciting moment in the GLTH, after several awards and recognitions in 2022 and 2023 which show that we are at a high point and the hatching of Legaltech". In reference to the signing of Albert Ferré as the new CEO, she pointed out that "Albert has known the entity and the project from day one as he is part of the founding core; now our objective is to continue growing and for this his vision and enthusiasm are fundamental". Francesc Muñoz was also re-elected in his position as vice-president and highlighted the great moment the entity is currently experiencing and the importance of growing by professionalising the General Management: "The sector is boiling and we need more than ever a strong and referent GLTH. Professionalising the entity is a commitment to continue providing much more value to the ecosystem and to the members". The GLTH thus professionalises its structure and hopes to multiply its scope. Albert Ferré explained that "after making the GLTH an internationally recognised entity with more than 300 members, partners, and advisors around the world in just 3 years, the next objective is its exponential growth". Albert Ferré explained the roadmap for his first year as CEO, which poses three major challenges. The first is to help all startups in the ecosystem from day one, which is why he has approved free GLTH fees for all startups founded less than 3 years ago that want to join the organisation. "We want to be a place of encounter and support for those who are starting out and for those who are growing, and with this 0 fee we are going to be just that", says Ferré. The second challenge is the growth of GLTH in LATAM, where "there are thousands of colleagues waiting to share new challenges; in the coming months we are going to finalise very powerful agreements in LATAM", he added. And the third challenge is to "help generate solid Legaltech ecosystems around the world" with the co-organisation of face-to-face events with local hubs in each geographical area. At the General Assembly, the members of the Board were re-elected with Laura Urquizu as President; Francesc Muñoz, Ferran Sala and Albert Ferré as Vice-Presidents; Sergio Esteve De Miguel as Treasurer; and Joaquim Matinero as Secretary of the organisation. About Albert Ferré Menor Albert Ferré Menor is a father, lawyer and entrepreneur, focused on technology and law. He is co-founder and vice-president of the Global Legaltech Hub since 2020. He has been linked to the most disruptive technologies in various projects in the legal and cultural field since 2006, with special presence and development in the startup ecosystem. #GLTHteam #legaltech #growth

  • Road to #GLTHday: ‘Generative AI and Law’ Webinar series

    Find out how generative AI is redefining legal practice in an exciting webinar series! As we approach GLTHday, the most anticipated legaltech event of the year, we're thrilled to invite you to participate in the upcoming Road to #GLTHday: Generative AI and Law, a webinar series in which we will explore the exciting world of Generative AI within the legal industry. Join us as we dive into various topics, uncovering the potential of this innovative technology and its impact on the legal landscape. During each session, you will have the opportunity to discover how this technology impacts the legal field, from getting data ready to access to justice. You will gain cutting-edge knowledge, unique perspectives, and best practices from leading professionals in the field of Artificial Intelligence. These are the four webinars that will be part of this series and the topics that will be addressed in each of them: 🟠 #GLTHtable: Introduction to Generative AI in Practice Discover how this cutting-edge technology is reshaping the legal profession and business landscape and gain practical insights on its implementation. 🗓️ 12 June 🕖 19:00 (CET) 🔗 Register here 🟠 #GLTHtable: GenerativeAI: Getting Data Ready Explore the crucial role of data preparation in leveraging Generative AI effectively. Uncover data enrichment strategies and navigate the intricate realm of data ownership and privacy in law. 🗓️ 14 June 🕖 19:00 (CET) 🔗 Register here 🟠 #GLTHtable: GenerativeAI: Legal Applications for Law Firms Dive into the specific applications of Generative AI within law firms. Learn how it can streamline legal processes, enhance research capabilities, and revolutionize client service. 🗓️ 21 June 🕖 19:00 (CET) 🔗 Register here 🟠 #GLTHtable: GenerativeAI: Access to Justice Discover how governments and regulatory bodies are unlocking the potential of AI to democratize access to justice and foster a fairer and more inclusive legal system. 🗓️ 28 June 🕖 19:00 (CET) 🔗 Register here Register now! ✅ The webinar series on Artificial Intelligence by the Global Legaltech Hub will begin on 8 June and promises to be an unmissable opportunity to stay at the forefront of AI and connect with a global community of passionate professionals. #ArtificialIntelligence #GenerativeAI

  • Karol Valencia from WOW Legal Experience joins the GLTH Communications team

    We continue to add talent and drive for growth. In this interview, we introduce Karol Valencia from WOW Legal Experience, who is joining the GLTH Communications team with the aim of analyzing and enhancing the member user experience within the Hub 1. Karol, could you briefly tell us about your previous experience and how you came to GLTH? I am a lawyer and a UX and service designer. When I explain this to people, it's a bit difficult for them to understand because they are very different things. But I give them the example that as a teenager, I studied violin and percussion in parallel, things that are apparently different but that helped me a lot. In the same way, design helps me better understand and empathize with the problems of legal teams, as well as citizens, and apply tools that allow for a better flow and experience for all the stakeholders of legal and justice processes and systems. I have worked as a lawyer for almost 8 years in the private and public sectors, in companies and law firms, as well as in different legaltech and fintech companies from different regions and countries as a practitioner (because you always have to start somewhere), product designer, service designer, business development, and user experience designer. Nowadays, I can also say that I am a co-founder, along with 3 great people, of a venture called WOW Legal Experience, which seeks precisely that, to co-create better experiences for all users of the legal and justice sector. My current role is Design Ops and leader of the legal design team. I came to GLTH because it seemed to me one of the most active organizations in networks and events, and I really liked the topics they addressed. So, with the rest of the team, we evaluated that it would be a good organization to be part of, and their model of "no competition and collaboration" convinced us. On the other hand, at last year's GLTHday, we met Albert Ferré, who is the vice president, and who has become our friend. Little by little, we have been strengthening our ties to the point of receiving the assignment to analyze and improve the experience of the member users of the Hub, a task that we assume with enthusiasm and great responsibility because it will be an ambitious project of service design and UX design, and we know few legal sector organizations that bet on this. 2. What are the main challenges you expect to face in your new role at GLTH? - Scheduling agendas with GLTH member users, as being high-impact professionals, there will surely be a significant challenge in finding the best time. - An open and collaborative attitude, because although many GLTH members already have the DNA of innovation in their veins, others surely need to develop that openness a little more in order to talk to us. - Trust, as perhaps GLTH members know nothing or very little about WOW Legal Experience, so we need a lot of tact and persuasion so that they can believe and trust us. Our projects will give us the necessary credibility. 3. How do you think your communication and legal design skills will be useful in your new role? Very determining and will make a big difference between what has been developed and what is new to be developed, because one thing is to communicate and another thing is to communicate from experience and what happens day-to-day in legal innovation. I believe that there is a lot of talk today about innovation, legal tech, but it is important not to just stay in the theoretical part but also in the practical part and that is what gives legitimacy. I plan to contribute with many tips, advice, guides, playbooks, interviews, among other resources that, by applying legal design, creativity, and empathy, really have an impact and help the Hub's partners in their immersion in legal innovation and their personal upskilling process. 4. What motivated you to join GLTH and what excites you most about working in the world's largest legaltech hub? I think what convinced me the most is that I already knew the quality of the human beings I was going to collaborate with, that was the most determining factor, and also again the purpose of not competing but collaborating, despite there being companies and entities of different proportions as members of the Hub, there is a spirit of cooperation and since I come from practicing law but also working with startups, I feel that I can add a lot to the skills and attitudes of the team and facilitate communication and participation with the different members of the organization, and that is what excites me the most. We seek to inspire and collaborate with others. 5. What challenges does GLTH face in the coming years? - Sectorizing the expectations of the different types of members that can be very different. - Addressing these different expectations by providing ad hoc tools and incentives to each of the member entities of the Hub. - Promoting innovation in the legal and justice sector and not just in legal tech, as that may bias other entities from joining the Hub in the future. - Sustainable growth of the team and resources over time, to better manage the services provided to members. 6. A dream to fulfill in the GLTH? To instill the DNA of legal innovation in the veins of the GLTH partners and beyond, to make it natural to talk and hire hybrid digital profiles in our sector, to have more openness to collaborate among its members and to help the different projects of the GLTH partners take off and become sustainable. #GLTHteam #legaltech #growth

  • Oriol Miralbell joins the GLTH team as the leader of the Operations area

    Our team adds talent, desire to grow, and legaltech drive. In this interview, we introduce you to Oriol Miralbell, from Legal Pigeon, who will lead the Operations area of GLTH with the aim of optimizing internal processes and making partner collaboration more efficient. 1. Oriol, could you briefly tell us about your previous experience and how you came to join GLTH? My previous experience includes working as a litigator in a major law firm. I have always been interested in the application of technology in the legal field to improve processes and optimize resources. This mindset led me to found Legal Pigeon, a platform that connects legal professionals in Spain to facilitate substitutions of court appearances among lawyers. I came to the Global Legaltech Hub looking to expand my knowledge and collaborate with other professionals interested in the same field. 2. What are the main challenges you expect to face in your new role at GLTH? My main challenge at the Global Legaltech Hub will be to contribute my bit to support the Hub in remaining the reference entity within the legaltech sector. The Global Legaltech Hub is a broad organization with worldwide projection. My main role will be to help optimize internal processes and make communication and collaboration between its members and partners more efficient, to ensure that knowledge sharing and innovation promotion in the legal sector continue. 3. How do you plan to address these challenges and what strategies do you have in mind to overcome them? My main goal at the Global Legaltech Hub will be to understand how all internal processes are structured and apply measures, mainly technologies, to improve them. By optimizing these processes, operations will be streamlined and better support will be provided to partners, allowing the Hub to continue being a reference in the legaltech sector and fostering a favorable environment for innovation and collaboration in the legal field. 4. What motivated you to join GLTH and what excites you most about working at the world's largest legaltech hub? I was motivated to join the Global Legaltech Hub because it represents a unique opportunity to collaborate with other leading professionals and companies in the legaltech field worldwide. What excites me most about collaborating in the largest legaltech hub is the possibility of being at the forefront of innovation in the legal sector and contributing to its evolution and growth. 5. What challenges does GLTH face in the coming years? In my opinion, the challenges that the Global Legaltech Hub faces in the coming years include adapting to the changing needs and demands of the legal sector, driving the adoption of legaltech technologies and solutions among professionals and companies, and building a global ecosystem that promotes innovation and collaboration in the legaltech field. The Global Legaltech Hub has become a reality thanks to the effort and commitment of its members and partners. The challenge is to maintain steady and structured growth, always focused on the needs and objectives of the partners who make it up. 6. A dream to fulfill at GLTH? A dream to fulfill at the Global Legaltech Hub would be to achieve its consolidation and international presence, making it a recognized space at an institutional level and with active participation in the most important forums of the legal sector. It is essential that innovation in the legal field is in the spotlight of everyone, since a more optimized legal and judicial system leads to fairer and more equitable states. By achieving this dream, the Global Legal Tech Hub would establish itself as a key catalyst for the transformation and improvement of the legal sector worldwide. #GLTHteam #legaltech #growth

  • Automating web compliance is much easier than we believe

    Diego Richards, Chief Operations Officer at Stillio Introduction In the beginning, the Internet was a place to create, share, and communicate. That essence is still present today, but as this phenomena grew and became crucial for companies, it started to turn more professional. In order to standardize and make information more clear, accurate, and accessible to all users, the internet also became subject to regulations. Web compliance is now present in businesses of all sorts, even for bloggers and content creators. Although necessary to regulate the incredible amount of information and products floating around the internet, we can’t deny compliance is seen as a pain in the neck by all industries. This is partly because compliance tasks are still performed manually by some teams, and the growing amount of data generated by assets like the company website, social media profiles, and terms and conditions make it nearly impossible to keep track of absolutely everything and stay compliant. This workload even makes teams neglect and put compliance aside while focusing on other processes, leading to potential lawsuits and penalties. As online compliance regulations grow in variety and complexity, businesses need to get their priorities back together. A great ally for this workstream is automation, which may sound out of reach, but is now a part of most accessible tools in the market. In this article I’d like to cover how to automate compliance easily, using a feature all of us as internet users know very well: screenshots. Automating compliance with screenshots Am I saying we have to start taking screenshots of every single thing we want to keep track of? Actually, yes. But not in the way you think. Automated screenshot solutions have been in the market for longer than you’d imagine. The premise is simple: provide the tool with the URL you want to capture, tell the tool how often you’d like it to capture the webpage, and done. This mechanism can be used for anything from keeping a record of news stories published in different media on a particular study topic, to capturing search engine result pages to track SEO performance. In the case of web compliance, online capturing can be used for various cases, the most common one being keeping copies of public records. Most regulations covering online assets have to do with recordkeeping, and screenshots serve as a great tool to reduce manual workload. With automated capturing, the actual recordkeeping and categorizing task is fulfilled, and teams are only needed to locate files in case of a record request. Other uses in e-litigation include providing a particular content was live at a particular moment, and generating online evidence of brand usage for intellectual property cases, the latter being the main reason a big international fashion brand have trusted Stillio. Benefits of automated screenshots in online compliance Now you’re aware that screenshots can be automated, and that they can be of good use in compliance cases. However saving time, although crucial, isn’t the main reason why businesses are choosing online capturing. Let’s go over other reasons why automated screenshots are the go-to solution to stay compliant: Data preservation: No matter the capturing interval or storage option you choose, screenshots will be automatically saved and preserved, ready to use whenever they’re needed. Screenshotting solutions generate a pool of data that is sustainable to be referenced over time. File format: The final aim of any discovery process is to share data with the other party. Therefore, it's your responsibility to make that information accessible to them. Automated screenshots can be shared in a variety of formats according to client preference. For example, captures hosted in Stillio can be shared through a private link, downloaded as a .jpg file, or linked to your drive of choice like Dropbox. Cost: The monetary and time cost of going through all data implicated in the compliance process can be high. An eDiscovery solution may be a way out, but they're a significant investment for smaller businesses. Screenshot solutions have different pricing plans—Stillio starts at $29 per month, for example—that adjust to each company's recordkeeping needs. Amount of data: The amount of data managed in the discovery process can be a lot to handle, making the identification and collection of relevant documents difficult. With a screenshot tool, you can group captures with tags to easily find what you're looking for. Screenshots can also be time-stamped, as that may be required for some legal procedures. The web compliance landscape across industries As I mentioned previously, online regulations are present in all industries. Automated capturing solutions have helped many businesses gather the information needed to stay compliant, and in doing so they’ve seen all types of requirements, each with their own objectives and details specific to each sector. The first industry that comes to mind when thinking about the internet is ecommerce, as one of the main reasons users go online is to shop. Surprisingly, there isn’t one regulation specific to ecommerce. However, depending on where they’re located, online shops are most likely required to comply with data privacy regulations. The most popular is of course GDPR, which came into effect in 2018 for the EU, but we’ve also come across the California Consumer Privacy Act (CCPA) and the Children's Online Privacy Protection Act (COPPA). As these three require businesses to have clear data policies in mind, as well as cookie management and opt-outs, it’s key to collect records of compliance. By automating screenshots of your own site, you can get evidence of having cookie banners, checkboxes, easy-to-locate terms and conditions, and more. These will come in handy in case of complaints or litigation. Healthcare professionals also have to look after how they’re handling patient information to comply with the Healthcare Insurance Portability and Accountability Act (HIPAA). In this case, they can use online capturing to document policies, training completion, and archive website versions for future use. Recordkeeping is also required in education: universities and colleges must comply with the Higher Education Opportunity Act (HEOA), which requires these institutions to make certain pieces of information public at specific times. Things like graduation rates, financial aid, and data policies must be up on the institution’s website, where timestamped screenshots can automate the task of gathering evidence. Finally, there are regulations that apply to all websites equally, especially when it comes to accessibility. These rules aim to make online information accessible to everyone, regardless of sight, hearing, and other capabilities. There are many versions of these requirements, but the global most accepted guidelines are the Web Content Accessibility Guidelines (WCAG). Closing thoughts It’s most likely your company is affected by the regulations covered in this article, and therefore needs to stay up to date with any adjustments necessary for all online assets. However, there are tools (and teams behind those tools) ready to walk you through the process and help you stop relying on memory alone. - Diego Richards Chief Operations Officer at Stillio #legaltech #webcompliance #screenshots #data

  • The keys for evolutionary Change Management in Legal Services

    Lilian Mateu Ruano, Business consultant and Agile coach at NTT Data Europe&Latam and Founder of Selectius Projects The pace of changes in the world is accelerating and technology is shaping the future of businesses across sectors and redefining the professional services playing field. Legal industry leaders and managers must explore and comprehend the intersection of law, business and technology to shift to a new paradigm. We are living in amazing transformational times. The type of legal work is changing under the influence of technology and the proximity of legal function to business is causing disruption on how legal professionals provide value to their clients. Legal services customers demand more effectiveness in work processes, more transparency on fees, more speed on delivery, more predictability and better budget forecasting. The traditional excuse that a change is not possible, because it seems difficult to predict how long a legal matter may take, is no longer valid. Legal services businesses should aim to make a profit, but not at all cost, and not at the expense of the core of the legal industry: the people. It is time to create a more sustainable work environment for legal professionals. However, we have a systemic dependency because selling time is a profitable way to run a legal business. Moving beyond the time-based legal economy in not an easy ride. Some think a big shift in the legal business model and a wide-scale adoption of technology is not going to happen soon. There are a lot of things that should change in how law is practiced. However, the evolution of the status quo is a complex process. Changing how things are “traditionally done” has to be gradual. It is necessary to activate a cultural mindset shift. To evolve and transform the legal services business requires to be adaptative. We have to start thinking, working and organizing in a different way. We need a better understanding of the value of law for the clients and start thinking in services. Legal services businesses and in-house department must focus on higher purposes than just making profits and being profitable. This is a huge shift and it means reshaping the business model. Overcoming resistance to change is challenging. We need to promote disruptive leadership and modern management strategies to adapt to the news contexts and needs. We need to be agile to reinvent the legal services model building more mature organizations ready to survive in a very uncertain future. Leading in the legal services professional industry, through uncertainty, isn’t just about introducing new technologies, when it involves pandemics, currency devaluations, terrorist attacks and wars, resilience is what we need. David J. Anderson has been working for more than 20 years to improve the quality of management, leadership and decision making, focusing on the achievement of true organizational resilience for 21st century service professional businesses, through Evolutionary Change. With the foundations on the Kanban Method, he has developed the Enterprise Service Planning, the Fit for Purpose Framework and the Kanban Maturity Model. This is the link to the training program created especially for lawyers and professionals in the legal sector: Legal Kanban Practitioner At the Universidad Kanban and the David J Anderson School of Management we are now training and coaching these methods, frameworks and models for professionals, managers and leaders of the legal industry, wanting to acquire new skills and capabilities to build modern and resilient organizations wired to evolve to survive in the new contexts. Let’s explore the basics of the Evolutionary Change Management approach and how the legal industry can benefit from it in the transformation of the business model achieving higher levels of organizational maturity. Focus on workflow efficiency instead of on billable-hour Legal services have been historically based on the billable-hour model. Hence the industry has been focusing on how many hours individuals are spending on doing the work and not on how long it took to complete the task or the matter. Consequently, there has been traditionally a focus on keeping people busy because this is the most efficient way to be the most profitable business. This system brings risks for the client both by the unpredictability in the scope of work as well as by potential inefficiency. The change should start focusing less on managing individuals and their time spend to do the work and more on managing the work-in-progress (WIP). First, focus on the efficiency of the work to be done, and then focus on the “flow” (movement) of work. In any work, we do a series of activities in order to provide the deliverable. We have to introduce the concept of “flow efficiency”, keeping the work moving, producing new information, answers to questions, discovery of facts, and so forth, and doing so in a timely manner. When a customer asks us for something they care about how long is going to take you to get it done and they do not care in how much effort it took you to get it done. Thinking about the value for the customer and improving the speed on delivering legal services is the competitive edge. However, there are two important things to recognize when managing knowledge work in professional modern services businesses. First, is that we are dealing with human beings. We struggle to hold too many things in our heads. We work at an optimal level when we have only two or three things in progress at a time, where one is a primary task and the other two are subsidiary, less urgent, less important, or tasks where we collaborate where another person is the primary owner and we provide input or insight. So, when we work on many things simultaneously, the time to finish them is too long and the quality is affected. It is not a very efficient way to work. Secondly, in knowledge work activities where we are discovering information for some purpose, generally, there is a cost on any delay related to that. Information has a shelf-life, is perishable in nature. In legal professional services time matters!. We are dealing with hard delivery dates, like court hearings, tax returns, etc. Hence, there is a value on discovering information quickly and communicating the results in a timely manner. Service businesses need to work reliably and to understand and improve the lead time. Improving productivity and predictability via technology will make it easier for legal industry to move to alternative fee arrangements, which in its turn will have a positive impact on the people that are the core of the people business the legal sector is. Legal technology should be providing legal teams tools to manage work flow and improve flow efficiency. Therefore, the big challenge is that we must re-organize modern legal services so professionals must plan capacity and capability to deliver the catalogue of services we offer to clients, with different service level agreements, adopting the most effective technology, to set and manage customer expectations for the standards expected of us. Leaders and managers of professional legal services need to think in services. Legal services industry needs professionals who are able to think and organize work in organizations as a network of interdependent services that is pulled together to deliver a value to a client. So, we should be thinking in services and focusing on managing the workflow rather than focusing on having individuals busy. Evolve with incremental changes to overcome resistance Changing the way we think, the way we behave, how we work, how we organize and collaborate is challenging for leaders, managers and for everyone. As humans we experience all social and organizational changes personally. This concept belongs to a branch of science called Social Psychology, the study of how individuals experience social change. Some changes, as a new job tittle, can affect us emotionally if they might affect our identity, who we are, our position, the purpose and the meaning of our contribution in the organization. Changes, as a new role, that might potentially affect our dignity, our social rank and how we receive recognition, and whether or not we are respected for our organization have the potential to affect our self-esteem. Other changes, as the tools or technology we use, our methods, may also affect our confidence because when a change affects our skills and capabilities we feel emotionally affected. We worry that we will seem incompetent and hence, that how we are viewed and valued by others in the social group would be diminished. Any type of changes that affect us socially are going to meet with resistance for most of human beings. Social psychologists call these types of changes Structural Changes because they affect the social structure and organizational relationships. Whenever we pretend to alter something and we do it changing the social and organizational order dramatically (is also known as a Dramatic Social Change), we must be careful because we are dealing with human beings and we are wired emotionally. So, implementing any drastically structural changes we will be attacking identity, dignity and confidence in people and we will invoke some level of fear, anxiety and resistance. ¨People don´t resist change, they resist being changed” Peter M. Senge. So, our first strategy with change management should always be to avoid introducing organizational structural social changes when and where possible. Social psychologists identify another type of change, known as normative or incremental changes, where we do not resist because they do not affect directly the social order. This kind of changes may affect and relate on how we do things, our skills, but they will make us to look better, they will help people to be a better version of themselves. Humans love these changes. To understand it, think about how initially we used phones, only to do voice calls and text messaging. The phones evolved to be smartphones and as a consequence social behaviour changed. The changes introduced on phones, as the applications, were normative, incremental changes. However, over time, we learned and got used to use all kind of them, such as mobile dating apps, and all of a sudden, without really noticing, the social order has been changed. So, we have to be smart on how we introduce changes in our organizations, as those related to technology or any kind of structural changes. Introducing them as incremental changes is smarter because they have a collateral effect, which is that with time social and structural change will happen but in an emergent manner and it will not meet with resistance. The core of the Evolutionary Change approach is that we can introduce gradually incremental changes to p.e. the tools we use, and the methods of working and organizing, but we should try to avoid introducing changes that will attack people’s identity and dignity or the social structure around us. Initially, in the change management, no one gets a new job title, role, or changed responsibilities. We have to start with what we do and how we work now, and then we focus on the work, letting the workers self-organize around it. And we should focus on the flow of work, measuring and managing the workflow, and shrinking the lead time, from customer request to delivery, eliminating the delays to improve the customer experience. Secondly, we need to think and operate in services, but not in a way that it involves reorganizing our business into service-oriented units. The normative way we should do it is to encourage existing functional units in our business to cooperate and collaborate together. We have to define a service which is customer oriented, and that service will need to flow through different units within your organization. We need to focus on driving collaboration and cooperation in the name to deliver a service to the customer. So that people will be better versions of themselves in collaborating with colleagues from across the company, and hence, nobody resists. We don't have to reorganize the company to make that happen. Lead disruptively applying the sports coaching approach To drive Evolutionary Change, and implement incremental changes gradually, we need leaders and managers with adaptive capabilities, sometimes this is called disruptive leadership. We need leaders who are willing to disrupt the peaceful equilibrium, modify the status quo in which people are living, working, and operating the business. Leaders and managers need to be willing to make the people a little bit uncomfortable and catalyse adaptation and evolution and do that on a regular operating basis to reach high levels of maturity in organizations. When we recognize that the external conditions are changing around us, if our business or team is not wired to change, to constantly adapting, mutating and evolving, then the likelihood is that we are going backwards from a competitive perspective and becoming fragile. Given enough time, and sufficient external change, we might become obsolete, and that will lead to our extinction. The formula that we propose and how we train managers and leaders to drive changes is much like the sports coaching model. In mature sports, coaches have a playbook. They know how to take little kids and develop them over a period of years, through a progression of achievement of levels, all the way to world championships or the Olympic Games. All that is needed is that the kid wants it enough, that they are motivated to improve and pushing from one level to the other. All we need is to empower and motivate people and take them from a current level of performance, make them a little bit uncomfortable, a bit unhappy with the current performance and so they will need to learn and acquire some new skills and capabilities to reach a next level. Sometimes we will need to inject some stress in the environment. We must do it in an environment which people will be comfortable, because it’s quite safe to fail, so if they fall over, they won’t hurt themselves. With time, they will not be afraid of falling over and then they will evolve and be ready to perform at a higher level. This is the environment and coaching model we need in our organizations. Summarizing, the basic formula of the Evolutionary Change model to follow to catalyse evolution is very simple: First, there must be some stress in the environment. Enough to make people to feel uncomfortable but not too much to break them. Second, it must be a reflection mechanism, a feedback loop to reflect upon the stress, the fact we are uncomfortable with the current situation and analyse it. What is causing the problem, what can we do about it. Can we hypothesize about the changes and adaptations that we can do that will be improve our fitness for the environment. And third, there must be an act of leadership, someone must inject the energy to enact the change. “Let’s do something about it”. And then we get better, and we repeat the cycle. Leaders and managers need a playbook to guide the organization through this cycle because this has to be done correctly. If you stress people and the organization too much you break it and people will leave the organization. Improve until you achieve "Fitness for purpose" Leaders and Managers often struggle to understand that an evolutionary change process has not an end point. Continuous improvement is always necessary because the world around us will continue to change and we must not become complacent, we must not slip back into a comfort zone, in a new equilibrium. We will always need the capability to keep evolving and mutating. We need organizations wired to adapt to changes and evolve. But, are there times where we will need not to change and improve anymore? When we have done enough changes and they are real improvements so we are fit enough for current market conditions and environment in which we operate, then we won’t need to adapt or evolve, at least not until environment changes. There will be periods when there will be little or no change happening. In evolutionary theory, this concept is known as ¨fitness¨. In a business sense, we will judge if we have reached that point of “fitness” understanding and empathizing with our customers and other stakeholders to comprehend what they need from us and what represents for them a good enough level of service. To know when we have done enough changes, they are likely to be improvements to the point that we know our costumer's purpose to come to us because we serve them well enough, we need to understand what risks they are managing and which expectations they have of us in terms of how we need to serve them. For that we need a thinking tool, a method of gathering information and a decision framework that helps us establish the “fitness” criteria to measure how the services we design and deliver, from the customer experience, are good enough. In which case, no further changes are necessary for the time being, or if there is still a gap that we need to close, we must continue to adapt and improve. To help drive evolutionary change, David J. Anderson along with Alexei Zheglov developed the Fit for Purpose Framework. Use technology to improve service delivery In the legal industry we have been thinking in “matters” and “projects” and talking about “legal project management”, rather than in “provision of services”, so we have been looking for traditional project management type of tooling and developing technology with that approach. Traditional project management tools focus on “resources efficiency” and keeping people busy, rather than focusing on work and the flow of work. Instead, we need work tracking tools. Some examples of this tools are Kanbanize and Legalboards. The best of such tools is that help you visualize the work. Professional services produce intangible goods (in other words, invisible work). If we are to use all of our intelligence and apply it to managing our work then we need to engage all of our brain, and we can help this by visualizing the work. So we want a visual tools that helps us track, manage and analyse the flow of work. We need to identify what types of work we are requested to do by customers, we need to know who asks for it and what we do, how the works flows through our organization. We need to track the work and report on it. We need to be able to identify the “services” we offer, to identify the types of work that we do. Because every type of work has different workflows, requires different people, applies different technology, takes different amount of time. We must define types of work based on these rules. Also, we do not always trait the work the same way. We need to understand the urgency of the work, its cost of delay, and this will tell us how it should be treated. Some time we need an ¨express service¨ lane for example. We may need to service things faster for some reason. Offering different “classes of service”, different ways in which work is treated and prioritized, and flowed through our system, is a way to maximize our profitability and optimize our economic model. It may also improve customer satisfaction and give us a competitive edge. Sometimes customers are willing to pay more for express service, or better treatment. So we need to use technology that helps us identify work items or a given type, to visualize the flow of the work, to measure, track and report the flow, to limit and manage the quantity of work-in-progress, and to tell us the priority or class of service attached to any item of work. For bonus points, an ability to track the customer, why a matter was requested, and the risks associated with it, are also useful. We may want to know who is working on and collaborating on any ticket at any given time. We want to know whether the item is flowing, or blocked and if blocked why, and for how long. There is some technology already available to do all of this and for very affordable prices. Lead with purpose to pursue organizational maturity Finally, probably the most important: where should be focusing to create better organizations to work? There is a famous quote that states: ¨People join your business, and they leave their manager¨. We should be thinking on this more. People sign up for a mission or a purpose because they believe they would be contributing in the world, but they quit because it’s a lousy place to work. People need to work for a higher reason. There must be a greater reason than just collecting a pay check or improving the CV in order to get out of bed in the morning and show up to work. So, the first thing to realize is that we must to lead with purpose. We need purpose-driven business and organizations. We need a high purpose in order to motivate professionals and our leaders must be leading with purpose, and not merely for individual or organizational selfish reasons or for business profits. A favourite quote of Richard Branson, founder of Virgin, is "People believe that businesses exist to make profits. They have that backwards, businesses make profits in order to exist". Business profits enables us to keep going to survive and to deliver the purpose because we created the organization for in first place. Profits enable the mission, the purpose of the business. But simply making profits is not a good enough reason. A business that is economically viable is not good enough. While preservation of our organization, survival, is a concern, it cannot be our mission. So, we must lead with purpose! People leave business that are not purpose-driven and that are poorly managed, they quit because of their manager. People leave organizations where their leaders and managers are selfish and not well trained at managing its people, at managing risks, at managing the work, at satisfying its customers. We refer at being bad at those things as a low maturity organization. Organizational maturity and the quality of leaders and their managerial capability matters. Mature organizations, those that deliver on their purpose, that are well-managed, that are good at meeting customers' expectations, good at managing risks, that adapt as needed, that anticipate stressful events and situations, that have resilience and robustness, and a capability to manage innovation gracefully and thoughtfully, and that are good at creating an attractive place to work, where people are set up for success, are great places to work! Employees enjoy working and want to stay. Maturity Matters! We must pursue organizational maturity as a core part of our strategy. Not just because employee engagement and their loyalty, so they will stay and help to improve and deliver on the mission, because you will have a great place to work where everyone wins: customers get a great service, managers love working because they get to feel successful, owners are happy because we are running a profitable economically sustainable robust business and your employees are motivated are love working in your business. To help leaders and managers and deepen the maturity of an organization, David J. Anderson, together with many collaborators but especially, as co-author Teodora Bozheva, developed the Kanban Maturity Model, an organizational maturity model and leadership model, and a mapping of the Kanban Method to those models. This article has been inspired on the interview I made to David J. Anderson on July 2022, sponsored by Global Legal Tech Hub and Deloitte Legal Spain. 🗣 #GLTHtalks: Evolutionary Change Management for Legal Services Industry - Lilian Mateu Ruano Founder of Selectius Projects #Legaltech #ChangeManagement #Evolution #LegalKanban

  • Women and legaltech, a necessary pairing

    Sara Molina Perez-Tomé, Legal Management Consulting at Deloitte Legal Technology is undoubtedly the result of evolution based on the needs of human beings and arises as a way of improving, perfecting, analysing and favouring progress. For this reason, technology should be nothing more than an instrument, a means to an end, which is the evolution and prosperity of human beings without gender differences. The position of women in the world in general, and in particular in the legal world, has always been conditioned by a factor known as the "glass ceiling". Now, this reality, which has been going on for decades, may be in a process of change with no return thanks to technology. Not because technology by itself is going to solve the problem, but because, when used properly, it contributes to increasing work efficiency and thus favouring work-life balance and co-responsibility, as well as generating a global cultural change. The new tools that are arriving in the sector not only allow for new ways of providing professional services, which require less physical presence and greater flexibility in working time. They also facilitate new ways of getting work done, leading to time savings and greater efficiency. Moreover, the application of technological tools can enable more equal access to firms by eliminating, at least in theory, many of the biases or constraints that affect the recruitment of women. Design thinking to eliminate biases But women cannot be seen as mere users and beneficiaries of these technologies, nor can men be seen as their sole creators. The role of women in the ideation, development, testing and implementation or commissioning of these technologies is essential. The good news is that there are methodologies such as design thinking that allow us to ensure that their role at all stages is respected and encouraged. Indeed, design thinking is a creative, collaborative and iterative approach to people-centred problem solving. It is based on using the experiences and perspectives of real users to design or redesign a solution. The key is therefore not about being a woman, man, lawyer, designer, engineer or data scientist; rather it is about building or creating something together that is capable of delivering value. Organisations that apply the five stages of design thinking to engage employees and iteratively redesign facets of the work environment that may be creating barriers will thus counteract the implicit gender biases that may be holding women back in technology projects themselves, (figure 1): * However, although we are still at an early stage for many of these technologies, their development and implementation are unstoppable. Not only because of the continuous technological progress, but also because of the consideration that in diverse teams (in all aspects) technology, well used and designed, can be both an amplifier and a facilitator of change that enhances the figure of women in the legaltech world. There are also more and more policies, rules and guidelines in favour of equality promoted by both political bodies (Government) and professional bodies (Bar Associations). In this sense, we can highlight initiatives such as those promoted by the Bar Associations of Madrid and Barcelona, among other corporations. The equality plans implemented by these Bar Associations do not mention with special emphasis their support for technology, but its importance is evident. I will end by mentioning some that are carried out at the international level, such as the European Women of Legal Tech and Women of Legal Tech of the American Bar Association. With this shared momentum, the support of technology and the promotion of sisterhood, women will increasingly gain the presence and relevance they deserve and which our societies urgently need. *: - Sara Molina Pérez-Tomé Legal Management Consulting at Deloitte Legal #Legaltech #LegalDesign #Biases #DesignThinking

  • Blockchain and tokenization applied to the legal tech market

    Pablo Viedma, Tech & Privacy manager at Aktion Legal We have heard countless times about what blockchain technology is, what it can do and the uses we can put it to, but have we ever wondered in which fields of legal business this technology could be most interesting? Approach and introduction to Blockchain. First of all, let's define blockchain in a simple way, it is a technology that consists in its less developed or complex state, in a sort of digital ledger, decentralized and immutable ledger in which facts and transactions can be noted and recorded, ordered in blocks chained to each other by means of algorithmic and cryptographic techniques based on mathematical problems. Blockchain technology must be conceived as a base on which infinite applications for countless sectors can be built. Thus, we should not think of blockchain as the definitive technology, but as the base and channeling technology for many other solutions such as, for example, traceability applications, purchase and sale of currency tokens (cryptocurrencies), decentralized networks for the consumption of works protected by copyright, and a long etcetera. Blockchain and legaltech. Blockchain technology, as far as the legal and legaltech sector is concerned, can bring many benefits and constitute a good basis for the creation of very interesting applications, of which we have already seen more than one example, especially in the line of confidentiality protection and certification of the authorship or invention of a certain work or development. In this sense, and taking into account the main elements and characteristics of this technology: decentralization, immutability, consensus, protocols, P2P communication, and what can be considered one of its most relevant characteristics, versatility, we can imagine (and see) for example networks for the distribution of audiovisual content -like the old Ares, eMule, and similar, but without the purpose of pirating- in which authors are remunerated according to their exploitation rights and equitable remuneration for each use -regardless of the purpose- of the content created by them. Also very interesting for companies and their in-house lawyers is the possibility of automating the execution of contracts and also being able to monitor their evolution and compliance through smart contracts, which are not in themselves contracts -although one may have certain reservations- but rather tools for the execution of agreements between parties. Imagine, in the field of contract law, a platform for traceability and monitoring of contracts that allows us to monitor, for example, the status and modifications of a given agreement between parties. Now, let's talk about tokenization and NFTs. Lately they could not be more in fashion, and it is almost impossible not to talk about them, especially, if we talk about Blockchain technology. Tokens, have become the #TT to talk about due to the hype around non-fungible tokens or NFTs. But before talking about NFTs, let's define what a token is from a cryptoeconomics point of view. Tokens are digital representations of goods and rights, digital or not, easily exchangeable between third parties, without the need to trust a third party outside the relationship, and whose evolution can be easily tracked. Through tokenization we can represent in any Blockchain network (that allows it and is programmed for it) practically any asset, digital or not; so much so that in metaverses unique digital assets can be represented by tokens that can be acquired through cryptocurrencies or other types of tokens used for the exchange of value. Now, an NFT, as the term itself says -non-fungible token- refers to non-fungible tokens, that is, those that cannot be spent, nor can they be substituted by others of the same nature because they have unique qualities and characteristics. The utility that can most easily be attributed to this type of token is the representation of goods, digital or physical, that are unique. In short, this type of tokens are perfect for collecting any type of unique good, such as works of art if we are talking about physical objects, or unique items in digital environments, such as online games. In reference to this last point, one of the first and most popular uses of NFTs has been the representation of unique and collectible items for online games such as weapons in GTA V, and the representation of unique digital goods in metaverses such as Decentraland -as we pointed out before-. Currently, and as mentioned before, the NFT sector is very fashionable, especially since one of the co-founders of Twitter, Jack Dorsey, tokenized and put up for auction his first tweet and the first tweet in history - dating back to 2006 - whose price has reached over 2.5M euros. Blockchain and tokenization in the legaltech industry Having done the introduction to the technology and having talked a little about tokenization, now it is time to present some possible applications of these technologies in the legaltech sector. In this sense, we can find applications of blockchain technology such as those mentioned above, on the one hand we can talk about blockchain designed for the traceability of contracts, both through smart contacts with the intention of controlling the evolution and execution of an agreement, and to be able to determine the origin and evolution of the different operations associated with an agreement without the need to execute the contract through a smart contract. On the other hand, we can find applications of blockchain technology for compliance, thus, in the form of recording events and/or operations, we can record as events the different phases of a compliance program from the creation and first version of each policy to the different versions or replacements of the same; thus compliance tasks in entities such as insurance companies will be easier to demonstrate and to monitor by regulators. Also, we can think of blockchain technology, and on this idea different projects have arisen, especially endorsed by law firms, which apply blockchain technology to create as a registrable event "the creation" of elements or works protectable by intellectual and industrial property rights to prove the authorship of the same. Last but not least, and on the tokenization side, we can find very interesting projects, especially applicable in the field of industrial and intellectual property. With tokenization we cannot only represent the works as such, but also, together with smart contracts, we can automate the licensing agreements or assignment of exploitation rights, total or partial, mainly those that are non-exclusive. In this way we can represent the work and its rights through tokens and automate the remuneration of equitable remuneration rights, and eliminating intermediaries, one of the main reasons why blockchain technology came to light through the launch in 2007 of Bitcoin, to get authors to regain their ability to control their remuneration. With the same configuration, the creation of networks for the distribution of exploitation or commercial rights over elements protectable by industrial property, such as formulas, protected raw materials, or similar, can be achieved. Finally, we cannot fail to mention that also by combining smart contract technology and tokenization, applying the theories of self sovereign identity, we can ensure that users and therefore companies comply with and enjoy the right to privacy in a more transparent and user-centered way as the true owner of their data. In conclusion, as we can see, Blockchain technology not only has a place in the financial, banking, insurance or currency-related sectors, but goes much further and thanks to its incredible versatility it can be adapted to practically any environment and be useful in almost any project -not to say that this technology is a panacea for all the problems and deficiencies that we can find-. - The Aktion Legal Team #blockchain #tokenization #LegalTech #DigitalTransformation

  • The e-Privacy Regulation

    The PymeLegal Team, Consultancy of private and intellectual property The e-Privacy Regulation will be the European regulation that will replace the Directive (EU) 2002/58 on Privacy and Electronic Communications in force in Europe, which in Spain was transposed by the Law on Information Society Services and Electronic Commerce 34/2002 (the LSSI). Together with the RGPD, it will be one of the basic European regulations that will regulate privacy and the protection of personal data in the electronic communications sector, reinforcing the privacy of citizens and companies on the Internet and other digital communication channels. This Regulation will be directly applicable in all Member States (as the RGPD) and will have the character of "lex especialis" (special law) as opposed to the character of "lex generalis" (general law) that the RGPD has, that is, if there is a conflict of application between this Regulation and the RGPD, the e-Privacy Regulation will be applied preferentially, since the special law takes precedence over the general law. Who will the e-Privacy Regulation protect? Unlike the RGPD, which only protects individuals, this Regulation will protect both private users and companies; electronic communications may contain very private information (such as health information, for example), but they may also contain confidential information of high economic value or reveal trade secrets, and that is why companies deserve protection through this regulation. These activities will be protected independently for all users located in the EU or whose information belongs to European users. What will this Regulation regulate? The e-Privacy Regulation is closely linked to the GDPR, as both regulate the same element: privacy. On the one hand, one regulates it in its broadest sense (the GDPR); on the other, it regulates communications through the Internet and other digital communication channels. This Regulation will also regulate the use of the information obtained on the equipment or terminals of the users of these services and the metadata referring to the end-users in the EU. It will also regulate the restriction of caller identification, blocking of unwanted incoming calls by the users, etc. And the possibility for consent to be obtained through the browser, requesting the user a specific configuration at the time of installation and modifiable at any time. What are the new features of this new Regulation? This Regulation will bring several new features, among them, those related to the consent given so far in electronic communications, cookies and control over electronic communications and commercial calls. Regarding consent, the provisions of the RGPD will apply, and this time also to companies, i.e., the collection of consent must be express, free, informed and unambiguous. Consent expressed directly by the user will prevail over consent given using browser settings. We must also bear in mind that users who have consented to the processing of electronic communications data (newsletter, for example) must be periodically reminded of the possibility of withdrawing the consent given, and must do so at least once every twelve months. It should be borne in mind that the data must be processed for the period of time required for the fulfillment of the purpose, and if they are to be processed for a longer period of time, they must be anonymized. For the time being, it is left to the Member States to decide how long a user is considered a "customer" to send commercial communications. As regards metadata, the processing of metadata in electronic communications will be permitted in the following cases: Because they are necessary for the management or optimization of the network or to meet the technical requirements of quality of service; For the execution of a contract for electronic communications services (in case of being necessary for billing, calculating interconnection payments, detecting or ceasing for fraudulent or abusive use of electronic communications services or subscription to the same); If consent has been given for such purpose: For the protection of vital interests Or if certain requirements are met, with respect to location metadata necessary for scientific, historical research purposes or statistical purposes. Metadata that are processed and are compatible in electronic communications, when their processing is for a purpose other than that for which they were initially collected, and their processing has not been based on the user's consent, the provider will be required to analyze whether the processing of the data for this new purpose is compatible with the initial one. (even, in certain cases, it will be necessary to carry out an Impact Assessment) and if so, it can only be carried out with anonymized data. And about cookies, the prohibition on processing such information is maintained, with the following exceptions: That the user has consented to the processing (the most common assumption). That the processing is carried out to provide the electronic communications service. That it is strictly necessary to provide a service required by the user. That is necessary for audience measurement. That it is necessary for security purposes, fraud prevention or to detect technical failures. If it is required for a software update. To locate the end user's terminal in an emergency call. As we have seen with consent or metadata, if the information collected is to be used for a purpose other than that initially intended, the provider must analyze the compatibility of these purposes. And the processing will only be consistent if the information is erased or anonymized when it is no longer needed. Another of the most important new features is that relating to user control over electronic communications and unsolicited commercial calls. About unsolicited commercial calls, the regulation will leave it up to the Member States to develop rules on the obligations of operators (such as identification). An important point concerns unsolicited commercial and unsolicited communications. As a general rule, they may only be sent if the recipient has given his or her consent. However, the legitimate interest in sending them will continue to be taken into account as long as the possibility of opposing their sending is given. In addition, it is also established that communications must identify the sender, and use an address to which it can be answered, so that addresses beginning with "noreply@..." will no longer be valid. What are the penalties? As for the sanctions set by this Regulation, they are similar to those of the GDPR: the user whose rights have been violated will be entitled to receive financial compensation. And, in addition, the amounts of the penalties may reach up to 10 million euros or 20 million euros or 2% or 4% of the profits obtained by the company. And when does it come into force and when will it be applicable? There has been talking of the e-Privacy Regulation since 2016, having a first draft as early as 2017 and the idea of the European Union was to approve it at the same time as the General Data Protection Regulation, but this objective was not achieved and, as of today, there is still no binding decision on its approval. The EU Member States are unable to reach an agreement. What there does seem to be a quorum on is that, once it is published, a 2-year moratorium will be given to companies so that they can adapt to the new regulation and make it fully effective. Conclusion From what we have seen, this will be a Regulation that will pivot based on privacy by default, as advocated by the GDPR, protecting both individual and corporate users. However, it will add a few headaches for marketing departments and website managers as it will regulate a series of obligations that will be much more restrictive than those known up to now. Some sectors even fear that the changes made to business models for the GDPR will have to be modified due to the arrival of this regulation. We will keep a close eye on all developments regarding this regulation and will keep you informed. If you have any clarification or query, do not hesitate to contact us; we are at your disposal! - The PymeLegal Team #eprivacy #LegalTech #DigitalTransformation

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