It is clear to no one that 2018 has been, from a legal point of view, a real revolution in matters such as privacy. After a year of talking about the new European Data Protection Regulation, on 25 May it became fully applicable, and with it, a major change in how companies and administrations treated and exploited personal data. A regulation that was completed with Organic Law 3\/2018, of 5 December, on Personal Data Protection and the guarantee of digital rights. Almost in injury time, the new law was approved and came into force, which would regulate those aspects that the European Regulation left under the power of the Member States, and analysed new issues such as the guarantees of digital rights.<\/p>\n
This will undoubtedly be one of the great challenges that lawyers, companies and administrations will have to face in 2019, along with others listed below:<\/p>\n
After 25 May life goes on<\/strong><\/p>\n \u00a0<\/strong>As we anticipated at the beginning of this article, perhaps the great challenge was not to reach 25 May, but to implement a sustainable compliance system. Beyond treatment registers and risk analysis, the reality is that these must be kept up to date, and this entails greater introspective knowledge on the part of the entities, not only of what we do today, but also of what we will do in the future. The data we collect today will be the basis of the digital economy, of the success of the business model and of the openness to new ideas and markets. The risks will also change, something we already see every day in the field of information security, but they must also take into account legal and organisational issues. This is undoubtedly where the concept of legal innovation must advance, seeking solutions before problems occur, changing the way in which lawyers are understood, bringing value to entities, making a virtue of compliance and, therefore, fostering business growth.<\/p>\n Reconciliation with the different regulations according to the branches of activity and the different business models, at a time when, if there is one certainty, it is that society demands global services in the era of the digital economy, borders have given way to understanding between regulations and the necessary reconciliation for compliance with the different legal obligations, according to the services and where they are provided.<\/p>\n Another key aspect will be the development of the figure of the Data Protection Officer, especially taking into account the number of obliged subjects, their role and intervention in companies and administrations and focused on the generation of value, with respect for the privacy and rights of individuals.<\/p>\n Perhaps in this light, 25 May was not Armageddon, but the beginning of a new era, the one we all hoped for and saw as necessary, a new regulation for a new economy. It is in this new era, where control systems, contingency assessment, proactivity and responsibility become necessary, maintaining and improving what has been implemented, in a process of continuous growth and updating.<\/p>\n New rights, new challenges<\/strong><\/p>\n The final wording of Organic Law 3\/2018 introduced a new category of rights, digital rights, and the need to establish sufficient guarantees for their protection. Society itself has evolved from speaking of different realities to a single 360\u00ba reality, which includes the physical and the digital, prompting the legislator to include mechanisms for the protection of both.<\/p>\n These guarantees, their implementation and reconciliation, constitute another of the great challenges we will face in the coming months. Concepts such as digital disconnection in the workplace, the right to privacy in the use of video surveillance and sound recording devices in the workplace, the right to privacy in the use of geolocation systems in the workplace or digital rights in collective bargaining, introduce the necessary updating of organisational systems in companies, making it necessary to speak of a digital labour law. The development of labour compliance plans, the weighting and respect for workers' rights, the considerations and a new concept of employee relations, make it necessary to review the rules of the game from this future perspective, in which not only the requirements of today are taken into account, but also those of tomorrow, and the reconciliation of these with new ways of understanding the employment relationship.<\/p>\n From miners, nodes and oracles to new business systems<\/strong><\/p>\n In recent times we have not stopped reading about the Blockchain and how this new technology was going to revolutionise the way we work and relate to companies or administrations, providing greater security in these transactions. Something that is already a reality and is having an impact on issues such as: (a) transactions and payment systems, (b) supply chains, (c) document registries, (d) Smart Contracts and decentralised applications (known as Dapps) and, of course, (e) cryptocurrencies.<\/p>\n At the end of the year, we learned that Angulas de Aguinaga joined the IBM Food Trust platform, based on Blockchain technology, to control its distribution process, from production to its arrival at the point of sale, and how Carrefour did the same with its free-range chicken, raised without antibiotic treatments, allowing customers to know, by scanning a QR code, the traceability and formula followed for its preparation and distribution. Both cases are just two examples of how these technologies will have an impact on sectors such as food and consumer goods, insurance, banking and healthcare, among others.<\/p>\n Cryptocurrencies themselves have undergone a change in recent months, from being used by a small sector, to the fact that we are already talking about how they will be regulated fiscally and how they will impact tax payments by citizens. Along with these aspects, there are others yet to be considered, such as the markets for buying and selling virtual currencies, their impact on the regulations for the prevention of money laundering and the financing of terrorism, or the understanding of electronic money as a means of payment.<\/p>\n The age of robots and connected technologies<\/strong><\/p>\n When we talked about these issues a few years ago, we all thought of series such as the fantastic car or mythical film sagas such as Star Wars, but today these concepts are already a reality. The Internet of Things, the impact on connected objects and the interaction between them, have led to heavy investment in recent months, based on the conviction that they are already a reality and that, in the coming months, they should open up the legal debate on aspects such as liability, the treatment of information, or the impact on different sectors (including distribution, transport, or the way in which we relate to companies), making the expression \"the future is today\" tangible.<\/p>\n These issues will also have an impact on other sectors, such as the world of fashion, where progress will have to be made on issues such as the use of RFID tags, beacons and geofending techniques, 3D technology applied to the fashion sector (smart mirrors and virtual influencers, among others), or smart fabrics, wearables and eyeables<\/em>and its particular importance in areas such as health (prevention of skin cancer).<\/p>\n Other legal challenges on the horizon<\/strong><\/p>\n Other technologies that pose challenges in the coming months include, among others, the implementation of artificial intelligence in aspects such as the use of chatbots by companies, and specifically in sectors such as healthcare or law, which take the user experience to another dimension. The analysis of massive data, or big data technologies, which mark a before and after in the development of new business models, services, or knowledge of the end users themselves, making concepts such as cookies a thing of the past, and enhancing the need to adapt treatments and relationships such as with publishers in the case of advertising and media management.<\/p>\n The new business models and the necessary reconciliation with the more traditional ones, concepts that are already incorporated into common language, such as \"uberisation\", pose challenges in different areas of law and the need to adapt services to the new requirements, needs and demands of society.<\/p>\n Finally, the legal sector must continue to make progress on issues such as digital entrepreneurship, especially taking into account the Draft Bill for the Promotion of the Startups Ecosystem, currently in the public consultation phase; the impact of new technologies in the financial sector; the advance of virtual reality and 3D printing with their respective legal implications; the legal challenges in relation to the concepts of multi-channel, omni-channel and global communication management; and eSports and its impact on aspects such as sponsorship, sports management, intellectual property implications, and the implications of intellectual property; the legal challenges in relation to the concepts of multi-channeling, omnichanneling and global communication management; or eSports and its impact on aspects such as sponsorship, sports management, intellectual property, labour, tax and administrative implications, and its interrelation with other business models such as gaming and gambling.<\/p>\n Tomorrow is today<\/strong><\/p>\n Undoubtedly, 2019 is full of challenges from the legal point of view, where the legal sector itself must continue to advance in the knowledge of the technologies, business models and regulatory changes that are coming, evolving towards understanding law, not only as a specific area of practice, but from a global and multidisciplinary vision, with the need to advance in the knowledge and understanding of these needs demanded by the market and to raise, along with technological or business innovation, legal innovation itself.<\/p>\n By Daniel L\u00f3pez<\/strong> A nadie escapa que 2018 ha sido, desde el punto de vista legal, una aut\u00e9ntica revoluci\u00f3n en materias como la privacidad. Despu\u00e9s de un a\u00f1o hablando sobre el nuevo Reglamento Europeo de Protecci\u00f3n de Datos, el 25 de mayo pasaba a ser plenamente aplicable, y con ello, un cambio importante en c\u00f3mo empresas y administraciones […]<\/p>\n","protected":false},"author":28,"featured_media":10161,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[672,90,91,92,93,94,95,673,384,674,675,385],"class_list":["post-10138","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-actualidad-proa","tag-ciberseguridad","tag-consultoria-comunicacion-digital","tag-consultoria-comunicacion-online","tag-consultoria-estrategica-comunicacion-digital","tag-consultoria-estrategica-comunicacion-online","tag-estrategia-digital","tag-gestion-identidad-digital","tag-innovacion-legal","tag-inteligencia-artificial","tag-legislacion","tag-privacidad","tag-tecnologia"],"yoast_head":"\n
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