September October 2016 | Page 43

TMT annual report Experts only Though opportunities for TMT lawyers abound, only those that fully understand the latest cuttingedge technology will be able to cash-in on them Technological advancement never stops and consequently, the opportunities for technology, media and telecommunications (TMT) lawyers are abundant. In addition to advice on new data protection regulations that come into force in 2018, law firms are also being consulted on issues such as fintech, artificial intelligence and data analytics. Meanwhile, clients are also looking to instruct lawyers in relation to matters concerning drones, robotics, telematics, blockchain and bitcoin. The challenge for lawyers is that in order to provide effective TMT advice, they need to be knowledgeable about, and upto-date with, the latest cuttingedge technology. It’s not an easy task – especially when, as some a lawyers point out, even if a law firm does come up with a highly innovative solution to a technology-related legal problem, it quickly becomes common knowledge and TMT companies begin widely applying their new-found knowledge in-house without the need for external counsel. So, simply being a good lawyer is not enough. The practitioners that really excel in this field are those that have a highly-developed understanding of the business their clients are involved in. Clients regulatory concerns are providing a lot of opportunities for TMT lawyers, according to Alejandro Touriño, managing partner at Ecija. “There is a new data protection regulation coming into force in 2018, which will generate a considerable amount of work for lawyers. Also, the amendments to the criminal code mean that there are concerns among companies about software licensing compliance,” he adds. Touriño says there is significant work for law firms advising venture capitalists and “business angels” in relation to start-ups as www.iberianlawyer.com well as acting for incubators. He adds that the “sharing economy” – which includes businesses such as Airbnb and Uber – also faces regulatory issues that clients need advice on. “Cybersecurity Portugal: What are the biggest challenges law firms currently face in the TMT market? “Law firms nowadays have to be prepared to provide services to new entities exploring new and much more complex activities. There are new fields of activity in need of legal advice. Law firms must be prepared to understand the new businesses related to technology and scientific fields, from areas like nanotechnology, aerospace, biotechnology and artificial intelligence. There are new activities growing in Portugal, and in the world, one of these is fintech, an area of partnership between banks/financial institutions and technology companies exploring new ways of providing financial services, challenging the existing legal frameworks.” Fernando Resina da Silva, partner, Vieira de Almeida “Law firms need to think global and be up-to-date with the challenges facing the TMT industry, as well as with rules regarding data protection and e-commerce.” Duarte de Athayde, managing partner, Abreu Advogados “The digital era demands a lot more from lawyers. Legal expertise is no longer the decisive factor. On top of it, TMT companies seek lawyers that are not only expert trusted advisers but also, to some extent, understand the technicalities of their business and are aware of the use of technology in litigation or in the management of law firms. The traditional TMT lawyer has run its course.” Jorge Silva Martins, of counsel, ABBC “Keeping updated with the new technologies and trying to provide cutting edge solutions to new legal issues. Meanwhile, the transnational nature of the services and the need to gather experts in different countries can also be a challenge.” Manuel Esteves de Albuquerque, senior associate, Raposo Bernardo September / October 2016 • IBERIAN LAWYER • 41 >>