by Juan Manuel González | Oct 16, 2023 | Noticias-en
A few weeks ago, various Hotels and Casinos in Las Vegas reported being victims of a cyber attack that left serious damage to their operations and large losses. Las Vegas is undoubtedly one of the cities with the highest tourist traffic, with an impressive offer of shows and activities that have caused not only the Casinos, but also its hotels to become world references.
The level of engineering and sophistication with which their companies are developed, anyone would imagine, is one of the highest and that is precisely why the cyber attack suffered generated not only surprise but also concern worldwide. According to what was narrated, reservation data was lost, phantom charges were made to guests, rooms that depended on the system were unusable, communications were lost, among other consequences.
This leads us to ask ourselves: Is the tourism sector prepared to face a cyber attack? How protected are our systems? Are we able to detect these attacks in a reasonable time? What do we do once an attack occurs? Who do we turn to? What can we do to protect ourselves?
The Peruvian scenario has not been free of these questions; our legislation has for some time established criminal sanctions to confront computer crimes. For example, anyone who deliberately and illegitimately damages, introduces, deletes, deteriorates, alters, deletes or makes computer data inaccessible is punished with a prison sentence of up to 6 years. However, the success of a criminal investigation will depend largely on the possibility of identifying these hackers, who are experts in hiding the origin of their connections and any other data that may identify them.
What is the answer then? Well, in the face of this growing threat, what we can do is prepare, strengthen our systems, create new policies, train personnel, have accurate diagnoses and seek to be updated.
Only preparation for what could present itself as a crisis is what will allow us to keep safe the data that we protect, that of the company, that of our workers and clients, and provide tourists with what they expect so much, a pleasant experience. no negative surprises.
For more information contact:
Mario Pinatte | CPB Partner | mpinatte@cpb-abogados.com.pe
by Juan Manuel González | Oct 12, 2023 | Noticias-en
The “Federal Cybersecurity Law” initiative presented by deputy Javier Joaquín López Casarín in April 2023, proposes the creation of a legal and operational framework for new cybersecurity authorities and the definition of crimes, homologated with those provided for in the Budapest Convention .
The Budapest Convention of the Council of Europe of 2001 aims to establish an international legal framework for cooperation on cybercrime. Mexico only has the status of observer country, since it has not ratified the Convention. The States Parties must implement two specific issues: i) Classification of crimes related to cybersecurity and ii) Give the competent authorities tools and powers to investigate and punish the commission of these crimes.
In this sense, the bill proposes the creation of new crimes and institutions such as the “National Cybersecurity Agency” and a prosecutor’s office specialized in cybercrimes. In addition, it grants powers in cybersecurity to the Secretariat of National Defense and the Secretariat of the Navy, and proposes the appointment of judges specialized in this area.
The bill also establishes obligations for individuals, among others, the notification of cybersecurity incidents, the presence of a legal representative in Mexico, and creating response units for cybersecurity incidents.
This initiative is currently in the Chamber of Deputies in the United Commissions on Citizen Security, and Science, Technology and Innovation for an opinion. Therefore, if a favorable opinion is obtained, it could be discussed in the Chamber of Deputies in the current period of sessions that runs from September 1 to December 15. Likewise, civil society and private industry have expressed concerns about the possible human rights violations that its implementation could generate. The proposed law would substantially modify the legal framework for authorities and private individuals, so its discussion must be closely followed. The information technology and data protection area is at your service.
For more information contact:
Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx
by Juan Manuel González | Oct 11, 2023 | media-en
The Third Collegiate Labor Court of the Seventeenth Circuit recently issued a jurisprudence that establishes the importance of the principle of primacy of reality in labor trials when an employer alleges that a worker submitted a resignation to him. This jurisprudence establishes that labor courts must analyze the plausibility of the resignation, taking into account the particular characteristics of the case and the personal conditions of the worker to determine whether the resignation is valid or not.
The principle of primacy of reality implies that, in the event of a conflict between what is established in a document and what actually happens in practice, priority must be given to what happens in reality. In the labor field, this means that, if there is a resignation presented by the worker to the employer, but it is suspected that it was forced or does not reflect his true will, the labor court must analyze the situation based on the reality of the facts and the personal conditions of said worker to determine whether the resignation is valid or not.
The jurisprudence issued establishes that labor courts must take into account the particular characteristics of the case and the personal conditions of the worker, such as seniority, position, age, training, financial solvency and severance payment, to determine the probative value of the claim. resignation.
The foregoing is based on the third paragraph of article 17 of the Constitution and article 841 of the Federal Labor Law, which establish the obligation of labor courts to issue their rulings based on known truth and good faith, without the need to be subject to formalities. or rules in relation to the evidence provided by the parties, but always expressing the reasons and legal foundations on which they are based, being clear and consistent with the claims that are deduced in the trial.
For this reason, companies must pay special attention when receiving a resignation from a worker, ensuring that it reflects the will, autonomy and spontaneity of said worker when preparing the document since, if the labor courts do not find the waiver credible with the particular characteristics of the case, they will consider it lacking validity.
For more information contact:
Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx
by Juan Manuel González | Oct 10, 2023 | Noticias-en
The transfer of employees and expatriates to Guatemala is a fundamental process for multinational companies that wish to operate in this Central American country. However, this process is subject to a series of immigration regulations and requirements that can be complex. In this text, we will address the most frequently asked questions that multinational companies usually ask when it comes to transferring employees to Guatemala. From the need to establish a legal presence in the country to the hiring rates of expatriate employees and the different types of residency available, we will explore the key aspects that must be considered to ensure a successful and compliant relocation process in Guatemala.
1. Is it necessary to have a legal presence of the entity in Guatemala for the transfer of expatriate employees?
Legal presence in Guatemala if necessary, which can be achieved through its own branch or subsidiary or through outsourcing.
2. What are the percentages that the entity must meet for hiring expatriate employees in Guatemala?
You can hire up to a maximum of 10% of foreigners and pay them up to a maximum of 15% of the total salaries, giving priority to Guatemalans, but there are exceptional cases where the above does not apply.
3. For what positions can a work permit for foreigners be requested?
For positions of trust such as Managers, directors, General Managers, Administrators and Superintendents, which are exempt from the percentages indicated in the previous question;
For jobs in which there are no Guatemalan personnel trained to fill that position.
4. Until when can I include the foreign worker on the payroll?
Until obtaining the resolution of the work permit.
5. What is the estimated period to include the expatriate worker on the payroll?
It is 1 to 2 months from when the residency file is submitted to the Guatemalan Migration Institute.
6. Prior to the expatriate’s entry into Guatemala, can I start the residency or work permit process?
It is not possible, it is necessary that the foreigner be in Guatemala to begin the processes.
7. What is the period that a foreigner can stay in Guatemala with a traveler or tourist visa?
Without a residency in process, up to a maximum of 90 days, with a tourist or traveler visa that can be extended for the same period.
8. What categories of permanent residences can a foreigner choose?
Permanent residence for foreigners who have been temporary residents for more than 5 years.
Permanent residence for being a relative of a Guatemalan person within the limits of the law.
Permanent residence for rentier or pensioner.
Permanent residence for foreigners who have been married for one year or more or declared a de facto union with a Guatemalan person.
Permanent Residence for those born in other Central American countries when they have been temporary residents for more than one year.
9. What is the difference between the two visas per residence file in process (single or multiple visa)?
The simple visa allows one exit and one entry to Guatemala while the residency is in process.
The multiple visa allows you to leave and enter Guatemala unlimitedly for 90 days.
10. If an expatriate is transferred to Guatemala for a period of less than one year, should temporary residence be requested?
Yes, it is necessary to proceed with obtaining residency.
For more information you can contact:
Juan Carlos Tristán | BLP Partner | jtristan@blplegal.com
by Juan Manuel González | Sep 29, 2023 | Noticias-en
In recent times, conversations have become widespread around the so-called “Economic Crimes Law” that creates a series of new crimes and establishes charges for the company and management positions if any of the aforementioned crimes are proven. reform incorporates.
In this context, one of the challenges for business organizations is related to implementing internal investigation processes or background collection, which allow them, on the one hand, to act diligently in the face of crime prevention models, but on the other, to give due protection of the fundamental rights of workers. The above, having as an additional element the role carried out by the Labor Directorate (DT) to safeguard, promote and protect the rights of workers.
To this end, many companies have decided to formalize, regulate and establish protocols in case of infractions or illegal acts that occur within the organization. This implies modeling the administration and management powers of the employer and generating certainties regarding the protocols that must be carried out.
In this context, the case that we discuss on this occasion is related to the reprimand given to a worker who was reported for situations of alleged workplace harassment, which is why an investigation process was carried out, in which later, also the DT intervened.
On this occasion, the company decided, as part of a mediation process, to adopt a reprimand against the reported worker, who judicially challenged the decision.
Knowing the respective case (Cause Rit O-94-2020 of the 2nd Labor Court of Santiago), the judge carried out an interesting analysis regarding the importance of an investigation process implemented in a company, and the due compliance that must be carried out. get this one.
In fact, on this matter it indicated that “as was proven (…), there is no doubt that the warning issued to the plaintiff, which motivated this trial, was issued outside the procedure regulated by the defendant itself to investigate and sanction a complaint contained in its internal regulations.”
It continues “The plaintiff’s complaint is that, by not complying with its own regulations, it would be prevented from applying the sanction, which arose as stated as a result of a complaint from one of the unions and the investigation carried out by the Labor Inspection and the findings of violation of fundamental rights.”
In this sense, the judge determines that “The sanction is presented as an act of force, which directly affects the worker, making him responsible for an impact on other workers, negatively defining his position within the company. For this reason, recognizing the subordinate structure of the employment relationship and the power of the employer legally validated and normalized by the employment contract, we must understand that the disciplinary power expresses an act of private self-protection of one over another, which in the context of submission and dependence is formulated as an act of violence due to the effects it produces.”
“It is essential to answer whether this reprimand is addressed within a process that grants guarantees to the plaintiff who was able to exercise an adequate defense, guaranteed at the constitutional level through paragraph 3 of article 19 of the Fundamental Charter, which recognizes the universal prerogative of equal protection of the law, the right to legal defense, the right to be judged by the natural judge, and the right to a fair and rational procedure, a guarantee that, although it is contemplated for this court, the employer is expected to respect when exercising its power. disciplinary action and the extreme of a legal defense could not be exercised by the worker, due to the nature of the administrative process and as it is clear that this was carried out by the Iquique Labor Directorate, which in the opinion of this sentencing judge is sufficient to accept the demand,” the court concluded.
This is an interesting statement that establishes the scope of the research processes within companies, the importance of their due compliance if regulated and implemented, being a relevant input for those organizations that are working on their Models. of Compliance and Crime Prevention.
For more information you can contact :
Francisca Franzani | Compliance Group Director | ffranzani@az.cl