Digital Rights: The advancement of technology has allowed an exponential change in the job market through artificial intelligence and other technologies. And, of course, the volume of data and confidential information also increased exponentially on the Internet.
And as a way of guaranteeing the safety of users and the company, digital law was created. It is common to find scandals in the media involving the disclosure of photos of famous people, confidential information, and even threats involving money for not sharing information.
In the past, there were no specific laws to protect people on these issues, which often resulted in impunity for criminals. Digital law protects people’s safety and helps companies adapt to the rules, so users don’t think that Instagram might spy on them through their cell phone’s front camera.
What Is Digital Law?
Digital law is a set of norms, applications, knowledge, and regulation of legal relations in the digital environment. After all, the area that applies the laws uses this data. Therefore, having proper rules and definitions for the other sectors that use it is more than necessary.
Within this area, rules and parameters are created to harmonize online interactions. The main objective of this area is to prevent harmful practices that generate the author’s responsibility for the damage done.
Digital law is still considered new. Therefore, it has a reduced number of norms. However, this scenario has changed over the years, and more rules, regulations, and decrees are being incorporated. In 2020, the General Data Protection Law (LGPD) came into effect, passed in 2018, further contributing to digital law issues.
Digital law converses with other areas of civil law. What happens is trying to transfer to the online environment various practices that had already been regulated in different spheres through specific rules. Indeed, this concept is of paramount importance, but do you know why? This is what we are going to check in the next topic. Let’s go there.
What Is The Importance Of Digital Law?
The paramount importance of digital law is to guarantee the security of society and organizations in the digital environment ( cybersecurity ). Today, much of the information of people, companies, and government agencies worldwide are on the Internet.
This leads us to believe that technology is a reality for everyone, where the economy is also inserted. Therefore, there must be the creation of rules and regulations for the protection of information and its relationships. Digital law is, therefore, a critical and fundamental area within the evolution of technology, human development, and society.
It is a fact that if we look at the legal scenario in Brazil, there is still a lot to evolve about digital law; however, the legislation that has begun to emerge shows that we are on the right path, with prospects of developing and more. A digital law professional has a job similar to a law professional, and the main difference is having a real focus on digital. Shall we check?
What Does A Digital Law Professional Do?
The professional in the field of digital law is responsible for legally representing people who somehow need digital protection in a legal context, which can be actively (through a process) or passively (through a consultancy).
We can find these professionals in law firms specializing in the subject. The professional can move on to different areas of activity within digital law; for this reason, we have separated the following topic mainly to introduce you to these areas of activity.
What Are The Branches Of Digital Law?
Now that you know what digital law is and what this professional does, let’s check out some of their main areas of expertise.
Litigation
In this branch of law, the professional in digital law acts directly in civil cases involving the invasion of the right to privacy, such as data leakage or photo exposure of the individual.
For example, we can mention the Carolina Dickman law, which was extremely important. In addition, it also acts with labor, tax, social security, intellectual property, and copyright claims.
Advisory
It is common for companies of any size to look for a lawyer specializing in digital law through consulting services; this increased even more after the emergence of the General Data Protection Act (LGPD).
In general, companies need legal support to adapt to the changes established in the laws. This professional must master precisely how digital business works.
Criminal
According to the penal code, a crime is characterized by fact, illegality, and culpability. Likewise, this is also valid for digital law, with the change only in the environment where the crime and the tool occur.
Some of the most common crimes in the digital environment are:
- information leak
- Injury
- embezzlement
- stalking on social networks
Contractual
The contracts that concern the relationship between companies, suppliers, and customers also need to be updated to keep up with all this digital transformation. Digital Law Specialists are legal professionals who perform and assist in this task.
Compliance
Since the enactment of the anti-corruption law, which concerns the liability of companies that practice harmful acts against public administration, more businesses are reviewing their internal practices to avoid conflicts with the legislation.
In addition, companies are more aware of preventing fines, sanctions, and lawsuits. In this way, digital law can also be considered. Because some company practices that use the digital medium can damage the rights of employees and customers and create impasses against the public administration.
