A lawyer specializing in Digital Law has the opportunity to work in various segments of the legal market, since technology, entrepreneurship, and innovation go hand in hand in our country.
There are several market niches that can be explored by lawyers specializing in digital law, whether working in the advisory area, creating, for example, a compliance program for companies; or in litigation, working with the LGPD (Brazilian General Data Protection Law) for those who have suffered a breach of personal data, among other possibilities.
Therefore, in this article, I want to tell you about the career possibilities for a lawyer specializing in Digital Law.
Key laws for a lawyer specializing in digital law.
A lawyer specializing in Digital Law does not have a "Digital Law Code" at their disposal; however, they rely on legislation that has been developed over the years.
Therefore, if you wish to enter the job market, I want to introduce you to three pieces of legislation that every lawyer specializing in Digital Law should be familiar with.
1 – Civil Framework for the Internet
This is one of the main laws that regulate Digital Law.
Professors Carlos Affonso Souza and Ronaldo Lemos explain in their work that the Brazilian Internet Bill of Rights (Marco Civil da Internet) was created as part of a strong public reaction against a bill concerning crimes committed through the Internet in Brazil.
This reactionary movement gave rise to the idea of the "Civil Framework," as a way to oppose the penal/repressive initiatives that were then dominant in the National Congress.
Through open and collaborative dialogue, the drafting of this legislation was developed and submitted to the National Congress in 2011. And, after three years of legislative processing, the result was the approval of Law No. 12.965 in 2014.
To help you understand the importance of this legislation, I want to present the objectives of regulating internet use in Brazil:
- The right of access to the internet for everyone;
- Access to information, knowledge, and participation in cultural life and the conduct of public affairs;
- Innovation and the promotion of the widespread dissemination of new technologies and models of use and access;
- Adherence to open technological standards that enable communication, accessibility, and interoperability between applications and databases.
By mastering the knowledge of the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), a lawyer specializing in Digital Law will be able to work in both civil litigation, defending those who have suffered damages on the Internet, and in advisory roles, issuing opinions and reports, since they will have expertise in the area.
2 – General Data Protection Law
Another extremely important piece of legislation for those who wish to practice Digital Law is the General Data Protection Law , Law No. 13.709 of August 2018.
In our country, this legislation is a landmark in the protection of personal data. This is because, just as in Europe with the GDPR (General Data Protection Regulation), there was a concern for the protection of personal data, leading to the creation of this legislation.
In this legislation, we can find, for example, the fundamental principles of personal data protection in Brazil (according to article 2 of the LGPD). These are:
- Respect for privacy;
- informational self-determination;
- Freedom of expression, information, communication, and opinion;
- the inviolability of privacy, honor, and image;
- Economic and technological development and innovation;
- Free enterprise, free competition, and consumer protection;
- Human rights, the free development of personality, dignity, and the exercise of citizenship by natural persons.
It's important to know that, with knowledge of the LGPD (Brazilian General Data Protection Law), a lawyer specializing in Digital Law can enhance their area of practice. This is because they will have the possibility of defending consumers, providing consulting services on data protection, creating and assisting in the execution of integrity programs, among countless other opportunities.
3 – Copyright Law
Considering the business environment in the digital realm, knowledge of copyright law is of paramount importance.
That's because, if we look back 10-15 years, piracy (such as selling pirated CDs and DVDs) was much more common. Nowadays, with streaming services, this practice is becoming less frequent.
Furthermore, new issues are arising for discussion. I can give you an example for reflection.
Imagine that a brand is using a competitor's name in Google Ads in order to achieve better sales results. Therefore, when a consumer searches for one company's name on Google, another company, the competitor's, will appear.
This practice, seen by many as "unfair competition," has civil and criminal consequences, since the "violator" of the rule unduly benefits at the expense of the competing company.
Understanding the legal consequences, based on Copyright Law and the Penal Code, allows a lawyer specializing in Digital Law, for example, to file lawsuits against competing companies, provide trademark and patent consulting, and even proactively assist brands in their approach to the consumer market.
Books on Digital Law
There are numerous books that can help you delve deeper into the study of Digital Law.
For IDP students, there is the possibility of reading these manuals for free on the Revista dos Tribunais Portal, given that there is a partnership between the institution and the publisher.
To make your studies easier, I'm going to recommend three books! Shall we take a look?
1. Applied Digital Law 4.0, coordinated by Patrícia Peck
The book is a reference for those who wish to learn about the practice of Digital Law.
The book, written by Professor Patrícia Peck, brings together the most relevant themes for the study of the subject. In the preface, Professor Danilo Doneda from IDP Online points out that:
"The book aims to present the authors' critical perspective on essential current issues, focusing on the digitalization of the public sector, whether regarding the challenges in regulating Artificial Intelligence, data protection and combating fake news, the Access to Information Law, the use of video surveillance, and the advancement of smart cities."
2 Fundamentals of Digital Law, a book by Professor Marcel Leonardi
This work is one of the major references in digital law research.
The writer and professor Marcel Leonardi is also part of the faculty of the IDP Online postgraduate course.
In the presentation of his book, Professor Marcel explains that writing about law and technology is always a challenge, particularly in relation to the Internet, where new business models, platforms, tools, and functionalities emerge with tremendous speed.
But, according to the professor, the work serves as a foundation for studies in Digital Law, regardless of the inevitable and inexorable technological advancement.
3 From Privacy to Personal Data Protection, a book by Professor Danilo Doneda
Published by Revista dos Tribunais, the work of IDP Online professor Danilo Doneda is a reference when we think about and research the protection of personal data in our country.
As mentioned above, the LGPD (Brazilian General Data Protection Law) is one of the prominent topics in Digital Law studies, and reading this work can allow the researcher a more in-depth understanding of the subject.
These three works can be found in the RT Library, and are also available free of charge to IDP Online students.
How to become a lawyer specializing in Digital Law?
Now that you know the main works and legislation on Digital Law, it's time to take the first step towards becoming an expert!
By reading the cited books, working in the field, and furthering your studies with a postgraduate degree, you will be able to develop with excellence in this market niche.
This is because Digital Law draws directly from the wellspring of entrepreneurship, innovation, and technology, and understanding these areas allows you to obtain opportunities in both the public and private sectors, whether in traditional companies or even startups.
Also, if you haven't read it yet, an article was recently published about how to stand out in the field of Startup Law.
In the article, I spoke with Mauro Massucatti Netto, a startup lawyer, who gave several tips on how lawyers specializing in Digital Law can work with startups. Enjoy the read!
That's all for today! See you in the next article, here on IDP Online!
References
From Privacy to Personal Data Protection (Author: Danilo Doneda – RT Publisher).
Fundamentals of Digital Law (Author: Marcel Leonardi – Publisher: RT).
Applied Digital Law 4.0 (Coordinator: Patrícia Peck – RT Publisher).
