LATAM countries your role covers: Brazil and Mexico

Bio

Through more than 12 years of international experience in the areas of Compliance, Data Protection and New Technologies within various sectors, I have cultivated a comprehensive understanding of both legislation and its impact on commercial activities, which has made me integral to businesses.

I joined the Tenerity/Webloyalty group legal team in June 2014 and have risen to the role of senior director of the legal department for the Iberia (Spain and Portugal) and LATAM markets, data protection officer for Spain and Brazil and supervisor of the data protection in Italy.

I hold a degree in Law and Political Science from the Carlos III University, a master’s degree in business law and international Litigation and a second master’s degree in international relations and foreign Trade.

Furthermore, I have been active member of the Spanish Professional Privacy Association (Asociación Profesional Española de la Privacidad – APEP) since 2017, a member of the ‘Privacy and Data Protection’ and ‘E-Commerce and Consumer Rights’ working groups of Adigital since 2020, an associate of the Latin American Privacy Association (Asociación Latinoamericana de Privacidad – ALAP) since 2023 and a member of the Spanish Quality Association (Asociación Española de Calidad – AEC) since 2024 as an integral part of the Quality, Innovation and DPD Club commissions.

Could you please share the most significant cases or transactions in the LATAM region that you or your legal team have recently been involved in?

The company specialises in customer engagement solutions, with a strong presence in the new trend of retail media strategies. In other words, offering the right offer, at the right time and to the right person/company. The legal department provides support to the rest of the business in pursuing this trend. As a result, we have provided valuable assistance which has resulted in the business launching initiatives such as new marketing campaigns and products. Such assistance has included the review, interpretation and application of historic regulations that were not suitable for today’s evolved society. I also review the content and presentation of these promotions launched on new clients’ sites who, due to their main business activities, may be subject to niche regulation or have even experienced regulatory investigations which means my experience and understanding of each regulator in that market, has been invaluable.

What strategies do you employ to ensure your legal advice is effectively aligned with the unique regulatory environments and cultural nuances of different LATAM countries?

Before all else, it is important to understand the country you are required to support, not only on a linguistic level, but also on a cultural level. We have a certain way of doing things in Europe that is not necessarily the way things are done in other parts of the world. As such whilst we look for parallels so that it is easier to understand how other legal systems work in the world, it is important not to lose sight of the fact that they are unique and have their particularities.

It is also very important to look for and have good local support from various departments, not only by getting to know the colleagues with whom you are going to work remotely, which thanks to the technology we have today, allows you to feel close, but also by seeking help from local lawyers that understand the needs of the company and are able to establish a close relationship, because often you are not only looking for a solution to a particular problem, but you are also looking to have other people with whom you can brainstorm with on the day-to-day running of the business.

What are your organisations plans in the LATAM region over the next 12 months and how will your legal expertise help to achieve these plans?

We are always looking to expand our activity with new clients or to grow our existing business with existing clients and this is also the case for the Latin American market, which increasingly focuses retail media strategies, which is very attractive for companies in our sector.

We might also be looking at new markets in LATAM, which would require researching these markets and the legalities would be a key element. We analyse the regulatory landscape and detect the strengths that our programmes may have in those markets, the changes we might have to implement to our ads, whilst ensuring our experience with consumers and partners in other regions is made known, highlighting success cases, similarities or differences in commercial negotiations, key aspects of group policies that must be adapted to these new environments, etc.

What specific challenges have you encountered when managing legal issues related to Latin American markets from a European perspective, and how has your team addressed these challenges?

I believe my greatest challenges have been on issues related to personal data and the application of e-privacy regulations.

In Europe data protection and privacy are a part of its culture meaning many of the concepts are more than established. Whereas in Latin America, although they also have great experience in these topics, the global paradigm shifts that have led to regulations such as the GDPR or the DSA, means that when you start negotiating contracts for example, it is necessary to go back to the fundamental principles of these regulations, as colleagues from the other continent may interpret these principles differently. This process raises issues that in any other situation may not need to have been negotiated, which in turn has enriched me as a professional as I have been able to overcome this challenge and learn from the experience.