Prado Vidigal Advogados

Partners: Luis Fernando Prado, Paulo Vidigal and Pedro Sanches

Prado Vidigal Advogados is a leading boutique law firm in Brazil specialising in data protection and technology. The firm has a strong track record of success in a wide range of matters, including:

• Data protection compliance
• Data privacy incident responses
• AI Governance
• AI Ethics
• Technology transactions
• Technology regulation

The firm’s team comprises of experts in data protection and technology law, holding advanced degrees and certifications from the International Association of Privacy Professionals (IAPP), ensuring they remain at the forefront of legal practice and trends.

Contracts, consultations and opinions

Crafting well-written contracts is fundamental for business success and risk mitigation. Cyber Law challenges often require specific technical knowledge to understand the contract's object and set appropriate provisions

Our services include:

• Privacy risk analysis in contracts, vendors, and suppliers
• Data processing and data sharing agreements
• Contracts for acquiring or licensing technological solutions
• Software development or licensing contracts
• Contractual review strategies with suppliers, vendors, and clients under the LGPD
• Contractual negotiations involving Law & Technology

We also provide consultations and opinions on various topics, including:

• Privacy by design
• Blockchain
• Artificial intelligence
• Internet of Things
• Civil and consumer rights on the Internet
• Net neutrality
• E-commerce
• Intellectual property in digital media
• Software

Artificial Intelligence (AI)

In the digital transformation era, AI is key to innovation and efficiency. In this context, responsible and secure AI development requires robust governance frameworks to ensure compliance and maintain trust. Our team, with specific training in AI, has participated in significant public consultations on AI regulation and frameworks, including those held by the Brazilian Senate, G20 and UNESCO.

Our services include:

• Customised governance structuring
• Developing policies, processes, and relevant documents for AI governance
• Legal feasibility analysis for AI product or service development and implementation
• Studies and opinions on regulatory impacts of AI systems
• Impact assessments for AI systems on fundamental rights
• Developing transparency and explainability strategies
• Strategic definitions and legal recommendations for protecting AI systems under intellectual property law
• Contracts and third-party management for AI system development and implementation
• AI-related awareness actions and internal guidelines
• Addressing legal demands involving AI regulation and best practices

DPO (Data Protection Officer)

We offer specialized legal support for DPOs to perform Privacy Program activities and can serve as the DPO in an as-a-service modality, including:

• Privacy risk assessment for third-party hiring and new projects
• Participation in committees and workgroups on Privacy and Data Protection
• Reports and assessments of legal bases, including DPIAs
• Monitoring Privacy Program quality and efficiency
• Following up on normative updates in Privacy and Data Protection
• Interaction with the Data Protection Authority (ANPD)
• Training and awareness measures in Privacy and Data Protection

Data breach

We provide end-to-end legal assistance for data breaches, offering 24/7 support to minimise losses and regain brand prestige.

Our services include:

• Incident severity assessment using international methodologies
• Digital evidence preservation
• Communications to press, society, data subjects, and ANPD
• Interaction with third parties and public agencies
• Administrative procedures with the ANPD or other involved bodies

Privacy programs

We have extensive experience in implementing, reviewing, and maintaining Privacy and Data Governance Programs for over a hundred companies in Brazil. Our methodology, inspired by the NIST Privacy Framework, aligns with the LGPD and the maturity levels of Brazilian companies.

Our services include:

• Governance maturity level diagnosis
• Structuring the DPO position and privacy staff
• Establishing privacy routines
• Designing policies, processes, and documents for Privacy Program routines

Protection for Innovation

Our comprehensive legal support aims to protect and foster innovation. We assist clients in navigating complex legal landscapes to safeguard their intellectual property and technological advancements.

Our services include:

• Strategies and recommendations for Intellectual Property protection
• Drafting, reviewing, and negotiating contracts
• Providing legal support during software audits
• Assessing viability of new and innovative business models from a legal perspective
• Advising on the legal aspects of marketing and promotional activities to ensure compliance with relevant laws
• Drafting and negotiating agreements for software development, licensing, and maintenance.

Digital Policy

In an ever-evolving digital landscape, shaping and understanding digital policy is crucial for navigating regulatory challenges and advocating for effective legislation.

Our expertise in digital policy includes:

• Analysing proposed legislation to identify potential impacts on technology and innovation
• Crafting detailed legal arguments and position papers to influence policy and regulatory developments
• Participating in industry forums and regulatory debates to provide technical insights on policy developments
• Advising on compliance with existing digital regulations and preparing for upcoming changes
• Providing insights and strategic advice on emerging trends in digital policy and their potential impact on businesses