EKOS – Personal data protection: legitimate means for handling data



DATE: 16-08-19


-Rafael Serrano
-Michael Wollman

MEDIO: Ekos Magazine

With the forthcoming issuance of the Personal Data Protection Law, companies must adapt their procedures to collect and carry out the appropriate handling of the personal data of their consumers or customers.

The correct handling of personal data is one of the main tools for companies to adequately market their products; not only to protect the personal information of their customers, but also to benefit their businesses.

The main purpose of the draft Law is to regulate the exercise of the right to protection of personal data, self-determination information, and circulation of this type of data (Article 1).

The legitimacy principle (Article 9) establishes the conditions or situations in which the collection and processing 1 of personal data by companies is legitimate and lawful:

  1. Consent of the personal data owner to the sharing of his information for a specific purpose.

The consent must be free, specific, unequivocal, prior and informed. A company may share someone’s personal data when he authorizes or gives consent knowing the purpose of the use of his information.

  1. Legal obligation for the sharing of personal data.

In this case, the law orders the company to share the personal data of an individual.

Example: The Labor Code requires employers to have certain personal information of their workers such as address, marital status, number of children, and some other relevant information. In this case the will of the data owner is irrelevant since it is the law that orders the sharing of this information.

  1. Contractual relationship.

A company can use the data of an individual with whom they have a contractual relationship. The limitation to this use is related to the data necessary for compliance with contractual obligations and may not exceed the limits established in the contract.

Example: In a contract of sale of goods, the company cannot use the data of the individuals to send commercial promotions, except if there is a clause in the contract that expressly authorizes the sending of such promotions.

1 The Personal Data Protection Law project defines the handling as any operation performed on personal data; this includes collection, conservation, modification, transfer, among other actions.

  1. 4. Vital interests of the owner.

The sharing of data of a person may be carried out if through this process the vital interests of the owner are protected, such as the protection of fundamental rights.

Example: A company can share the personal data of a person if it helps to save the life of the individual, such as in a medical emergency.

  1. Order of a judicial authority or resolution of competent authority.

If through a ruling or a decision of the competent authority the delivery or processing of personal data is ordered, the company will be bound to do so without facing negative consequences.

The legitimacy of the sharing and use of personal data is not given only by the consent of his owner. Companies must analyze in each particular situation which of the above mentioned scenarios the handling of personal data applies, thus complying with the principle of legitimacy.

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LexLatin – CorralRosales promotes two partners and area leaders in Quito



DATE: 11-07-19


Andrea Moya
Felipe Samaniego

MEDIA: LexLatin

The Ecuadorian company CorralRosales announced the appointment of Felipe Samaniego and Andrea Moya as new partners in regulatory and tax practices respectively. The firm now has a total of nine partners.

Samaniego is the leader of the regulatory group. This group is comprised of professionals and specialists in different fields such as veterinary, pharmacology, food and additive. Moya is in charge of the tax area which is made up of three professionals.

Both specialists told LexLatin about their promotions. Andrea Moya said that in this new challenge, she is focused on continue being a leading team in the analysis of complex operations including cross-border transactions, trading of international production units, and tax planning for companies wishing to operate in Ecuador.

At the same time, Samaniego stressed that he accepts the challenge of consolidating the firm as a benchmark for regulatory matters in the country. To achieve his goal, he assured that he counts with a regulatory team that combines industrial experience and in-depth knowledge to advise foreign mass consumption companies seeking to enter the Ecuadorian market and local manufacturers too about the schemes that best suit their needs and allow them to have control over their products as well.

About our new partners

Felipe Samaniego has more than three years of experience in the area of regulatory law, with emphasis on matters related to food law, advertising, consumer goods, pharmaceuticals, chemicals, biologicals, agricultural, cosmetics, hygiene, food and beverages. He also handles issues of foreign trade and quality standards.

Some of the companies assisted in the regulatory area are Roquit Benckiser, Pacari, Clorox, Ferrero, Nestle Ecuador, and Grupo Familia.

Before joining Corral Rosales in 2009, Felipe was a legal assistant at Ernst & Young. He also worked at Tobar & Bustamante in 2006. He graduated from University of the Americas (Mexico).

Andrea Moya has specialized in the tax area for more than a decade. She has extensive experience in consultancy matters and in the representation of clients in administrative and judicial processes leading the definition of strategies and generation of tax structures both local and international.

The client portfolio of the tax area Andrea leads includes Panamanian Aviation Company (Copa Airlines), Ferrero, Marriot International Hotels Inc., General Motors, Terpel-Comercial Ecuador Cia. Ltda., Nestle Ecuador SA, among others.

Andrea graduated as an attorney from the Pontificia Universidad Católica del Ecuador and holds a Master’s Degree in Tax Law from the same university. She also holds a Master’s Degree in International Tax Law from New York University (NYU).

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LeadersLeague – CorralRosales Strengthens its Tax and Regulatory Practices



FECHA: 24-05-19


Andrea Moya
Felipe Samaniego

MEDIO: Leaders League

Leaders League publishes on its website the appointment of Andrea Moya and Felipe Samaniego as new Partners of CorralRosales.

“CorralRosales law firm, is betting on the growth of the legal market in Ecuador and more generally LatAm, by promoting Andrea Moya and Felipe Samaniego to a partner level position, to lead the tax and regulatory areas respectively. This move takes the partner count to nine”, said in the news.

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LatinLawyer – Ecuador’s CorralRosales opens foreign trade practice with Gustavo García



DATE: 18-10-18


Gustavo García

MEDIA: Latin Lawyer

LatinLawyer publisehs that CorralRosales has hired the General Secretary of the Andean Tribunal of Justice (ATJ) Gustavo García to head its international trade practice, as a new trade agreement with the EU bears fruit. Gustavo García Brito, 35, joined the firm on 1 October as of counsel. He previously served at the ATJ for six years and brings experience in Andean Community law and integration. He also has knowledge of multilateral trade systems and the legal aspects of international economic relations through consulting for law firms in Bolivia and Brazil.

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LatinLawyer – Nestlé acquires Ecuador’s Terrafertil in landmark multijurisdictional deal



DATE: 27-09-18


Edmundo Ramos
-Xavier Rosales

MEDIA: LatinLawyer

White & Case LLP in New York and CorralRosales in Quito have helped Nestlé acquire a majority stake in Ecuadorean organic foods producer Terrafertil, in what is thought to be the largest M&A in Ecuador and the largest transaction in Latin America’s health foods industry in 2018.

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LatinLawyer – Colombian hygiene company makes third acquisition in five months



DATE: 18-04-18


-Edmundo Ramos
-Francisco Rosales
-María Cecilia Romoleroux
-Xavier Rosales

MEDIO: Latin Lawyer

CorralRosales has helped Colombian hygiene company Grupo Familia acquire its Ecuadorian counterpart Industrial Papelera Ecuatoriana (Impaecsa).

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LatinLawyer – ExxonMobil divests Andean downstream assets



DATE: 12-04-18


-Santiago Palacios
-Xavier Rosales

MEDIA: LatinLawyer

Simpson Thacher & Barlett LLP in New York and Palo Alto; the Bogotá offices of Posse Herrera Ruiz; MBCR – Márquez, Barrera, Castañeda & Ramírez, Esguerra Asesores Jurídicos and Brigard Urrutia; Miranda & Amado Abogados in Lima; and CorralRosales in Quito have helped a subsidiary of Chilean petrol station owner COPEC acquire various downstream assets from ExxonMobil for US$715 million.

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