CONFIDENTIALITY AND SECURITY

CONFIDENTIALITY AND SECURITY

s part of this journey of great learning and knowledge, generated or even imposed by the evolution of technology applied to law, which was exponentially extended by my time at Legal Week in New York, I have been developing a special interest and, therefore, also debating the issue of confidentiality and data security, first and foremost, but not only, because of the concern I feel about the ease with which data is applied or even transacted, even generating new disciplines, such as Jurimetry.

And, in this sense, the discussion of this topic arises with reference to the need for data governance and collaboration between departments, namely which are the best data governance practices, emphasising the need for collaboration between legal, IT, and compliance teams to mitigate risks in a complex regulatory environment, with regard to global data strategies and international transfers, how to navigate international data privacy regulations and implement robust data transfer strategies to protect sensitive information and how to reduce legal risks and, in the area of privacy and artificial intelligence, what are the ethical and regulatory impacts of using data to train AI, how to balance technological innovation with privacy protection.

Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 (Artificial Intelligence (AI) Regulation) entered into force on 2 August 2024 and is an important regulatory milestone, as it establishes obligations for the development and use of AI, seeking to promote transparency, safety, and trust in the use of AI. As of 2 February 2025, Chapters I and II are already applicable. Of particular note is Article 4, which lays down a fundamental obligation for providers and those responsible for implementing AI systems: to ensure the literacy of their employees, and Article 5, which prohibits certain practices.

The speed of technology and consequent unpreparedness are a huge challenge, and perhaps that’s why most offices are gradually moving towards using the latest generation of technological tools, such as generative AI.

Having said that, and given that confidentiality and trust are indeed fundamental, we cannot neglect the fact that security is essential.