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Cybersecurity: the new reality of arbitral proceedings

Cybersecurity: the new reality of arbitral proceedings

XXI Century: the century that announced the Digital Era’s dawn.  Nowadays, data management is, doubtless, one of the biggest challenges faced by society. On one side, high-scale data diffusion contributed to the increase of human intelligence and cooperation skills, but, on the other hand, the leaking of confidential information is emerging as a factor of risk.

The COVID-19 pandemic accelerated the digitalization process of arbitration, in a way that communications between the parties involved began to take place, eminently, in a virtual way. The use of digital platforms – such as Google, Yahoo, Dropbox, WeTransfer, and others – has increased.

It is known that, on several occasions, sensible matters (e. g. trade secrets) arise in the course of an arbitral proceeding. Given this scenario, confidentiality has a major role when opting for arbitration.

For this reason, without the appropriate care, the esteemed confidentiality can be put in check, with the disclosure of information that may impact negatively those who had their secrets revealed.

Hence the relevance of the effort that has been employed by arbitration institutions and by those who transit in this universe to achieve security in data treatment aiming to detect failures and decrease risks.

The concern also derives from Brazilian Data Protection Law, which regulates sensitive personal data management in arbitration proceedings.

Cybersecurity and arbitration have never been so connected. For this reason, L.O. Baptista arbitration’s team alongside its IT team continually works to reinforce the security system to guarantee its client’s data protection.

Author: Thiago Andere Martins

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