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In what ways do you see the in-house legal role evolving in your region over the next few years?

In my opinion the in-house legal role will have to be more focused on cybersecurity and technology in the future. I believe that potential threats from third parties against companies could increase. It’s therefore more important than ever that in-house counsel is up to speed on cybersecurity related legal questions, and thereby can assess the correct risks involved for the company. One way of addressing such topics is to assess how the company’s insurance program is set out. Cyber security insurance is often a tool used by companies to protect themselves from hacking or other threats.

What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?

Understanding your company’s business areas and challenges within aviation market, is key for being a successful in-house lawyer. The passengers that are using the airports are higher demanding than before, both when it comes to facilities, direct flights and products that are available at airports. The in-house lawyers need to follow passengers and airline trends in order to be on top future legal challenges.

Do you have any effective techniques for getting the most out of external counsel, in terms of how to instruct them?

Make sure that external counsel understand your business, and that they have a clear mandate in terms of the assignment. It is therefore important that the external counsel receives enough information so that they have the best possible basis for giving a correct legal advice. It is also important that the external counsel has a first line contact, which usually is the in-house counsel. I also believe it will be easier to clear out any misunderstandings with an external counsel early in the process than having a memo with many reservations. As an in-house lawyer, the company you work for often requires a quick and straight to the point answer. I prefer that external counsel makes an oral presentation that is backed with a written summary of their conclusions in such cases. It’s also important to address whether one needs a junior or senior lawyer, both in terms of getting the right price and key competence for that specific case. If the external law firm is new for us, it will be important to give the law firm a good brief about the company in order to understand the client’s day-to-day business.

Have any new laws, regulations or judicial decisions greatly impacted your company’s business or your legal practice?

Safe and secure operations are crucial matters within the aviation industry, and as legal counsel one needs to be aware of all relevant changes and updates in laws and regulations in order to create business within the scope of the legislation. The EU Directive 2014/23/EU on the award of concession contracts (implemented in August 2016 through Forskrift om konsesjonskontrakter FOR-2016-08-12-976) have been of practical importance to Avinor. We regularly tender contracts in accordance with the rules and procedures of the concession contracts directive. In addition, the EU General Data Protection Regulation (GDPR), has required that companies need to audit themselves in order to assess if they were compliant with GDPR. A result of GDPR were among others legal assessments of the company`s profile, hereby crosschecking the internal procedures, and making new procedures.  

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?

Technological advancements in the aviation sector will most likely bring new types of legal issues. In-house legal teams must pay attention to technological advancements and address how such advancements may affect legal risk for the company. I believe that automatic solutions will take a larger place in the future, this could include electrical infrastructure both on ground and in the terminal. I believe that we will see a shift in the ordinary legal service into a more tech-oriented approach. 

Thought Piece: IPR

I am passionate about IPR and believe that the aviation market is going to have an increase in R&D projects due to the change in demands from both passengers and airlines. When a passenger comes to an airport he or she expects to have a smooth travel experience. This includes having easy access to baggage drop, automatic and easy security control to mention some. The airport needs infrastructure in order to keep up with technology advancements, and thinking of these factors when procuring such solutions is important. EU 2050 strategic vision is a “clean planet for all”. The environmental challenges are especially important in aviation and are forcing both airports and airlines into more electric or hybrid solutions to reduce the strain on the environment. From the airport perspective this means that airports need to have infrastructure such as charging facilities and innovative solutions in place, so that potential electrical airplanes and electrical ground handling equipment can be fully utilised. Large players as Airbus, Rolls-Royce, Siemens, NASA and Boeing are currently investing sustainably amounts in developing technology in order to electrify aviation. Avinor is currently testing driverless snowmobiles that can clear the runway, this is a demanding challenge during bad weather, and it is important that the automatic system is reliable and can be trusted. The same goes for electrical shuttle busses and other automatic solutions for ground handling equipment. Therefore, in my opinion it is important to have in-house counsel that could address such consequences from a legal standpoint. A lack of IP rights could trigger extra cost for both airports and their customers if not fully regulated in the contracts. A passenger can today download APPS for each airport one is visiting, and such information can be potentially be used to monitor passenger trends. GDPR set out guidelines for companies for using such information, and the in-house legal counsel need to be aware of this legislation in order to give correct and precise legal advice on how to use, and if one can use such information in order to optimize revenue at airports.