María Fernanda Peña – GC Powerlist
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Bolivia 2023

Materials and mining

María Fernanda Peña

Abogada corporativa | Unilever

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Bolivia 2023

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María Fernanda Peña

Abogada corporativa | Unilever

Could you share an example of a time when you came up with an innovation that improved the way your compliance team works and did not come at a huge cost?

A simple example that improved the way we work and helped us anticipate the pandemic, was the digitisation of all company documentation that allowed us to maintain continuous work during the pandemic, without the lack of access to physical documents meaning a slowdown of work; on the contrary, it allowed for continuity and facing the legal challenges that arose. Likewise, it prepared us for compliance with legal obligations considering the current trend of digitalisation of administrative procedures by the different state institutions. On the other hand, as a legal department, it prepared us for home office work that was unthinkable for the legal area before the pandemic, considering the continuous need to manage files and documentation that is required, allowing the transition to the home office and/or hybrid work is possible and optimal for the legal department.

What are some of the key developments (legal, geopolitical, or otherwise) that have affected your business over the past year?

One of the biggest challenges faced by companies dedicated to the commercialisation of mass products is smuggling and counterfeiting of products that, due to the economic situation as a result of internal politics and the pandemic, have gained more strength within our territory, which counts with an extensive border of 6,918 km, making us vulnerable to the entry of products for much lower prices than those legally marketed, especially due to the great difference with the dollar exchange rate with Argentina.

This situation has given rise to the planning of both commercial and business strategies for the fight against smuggling and the fight that each company sustains against the counterfeiting of products that forces them to lead operations in traditional markets, activating the functions of the municipal governments.

How do you think the role of the in-house lawyers will evolve in the coming years?

The presence of the in-house lawyer in companies will become more important in the coming years due to the current situation in Bolivia, with a greater focus on risk management, considering technological advances, advances in regulatory regulation and the changing demands of society that require companies to adapt to a more complex and regulated environment; in which, the lawyer leaves the reactive and conflict resolution perspective and becomes a lawyer oriented to the anticipation and prevention of legal problems and conflicts; or, where appropriate, to the minimization of legal risks and the maximization of negotiated exit options aimed at avoiding future conflicts.

Likewise, the application of new technologies within the role of the company lawyer is acquiring greater relevance as a result of the digitization and technologization of legal paperwork and procedures, to which the corporate lawyer must adapt; in addition to the different challenges and legal situations that imply the use of technological tools, social networks, electronic commerce and in general the management of ICTs within corporate life; also considering the emergence of new legal challenges related to databases and protection of personal data up to artificial intelligence.

Do you use any technology products, and if so, for which areas of your work do you find them most useful?

A few years ago, the digital elaboration of contracts was implemented, which has become more important in recent times; as well as the implementation of the digital signature as a possibility of closing agreements with different suppliers not only nationally, but internationally, speeding up the materialization of important businesses and the continuity of the company’s activities.

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