You’ve had an impressive legal journey from Nigeria to working with leading firms in London and Hamburg. Could you share what inspired you to pursue law, and how your career has evolved over the years?
My decision to pursue a legal career was influenced by a combination of factors. While I cannot pinpoint a single defining moment, I am certain that law has always been a natural fit for me. Growing up, I was drawn to reading, arguing, and intellectual competitions. My parents, who are both lawyers, also played a role in shaping my aspirations.
Before enrolling at the University of Dundee to study English Law, I completed a one-year foundation program at Global College in Lagos, Nigeria. During this time, I excelled in both economics and law but ultimately chose to pursue law due to my stronger aptitude for Law and English. I have never regretted this decision, as law has provided me with a dynamic and fulfilling career.
My career has evolved, and this has been marked by a continuous pursuit of knowledge and new opportunities. I have been privileged to work locally and internationally on interesting cases and projects and have also been able to successfully transition from the private sector to the public sector.
I believe my career evolution has been largely influenced by direction from God, intentional acts towards my goals, support from family and friends, networking, and a willingness and curiosity to embrace new challenges and opportunities.
Having worked with prominent arbitration firms in Lagos, London, and Hamburg, what key lessons have you learned about managing cross-border disputes that could benefit young lawyers entering international arbitration?
Before I specifically answer this question, I would like to state what I usually tell my friends and mentors when describing my experience in these three jurisdictions. While working at Aluko & Oyebode in Lagos, I learned the importance of hard work and dedication.
While working at WilmerHale in London, I learned that my career advancement requires proactive steps and I have the personal responsibility for my career growth. As one of fifteen international arbitration interns, I had to take proactive steps to stand out and contribute positively to the Firm.
While working at Hanefeld in Germany, I learned the value of efficiency and delivering high-quality work within short deadlines.
Aside from these anecdotes, thorough legal analysis, cultural sensitivity, effective communication skills and strategic planning are necessary for effectively managing cross-border disputes.
In your current role with the Nigeria Data Protection Commission (NDPC), you’re shaping the country’s data protection framework. How do you think data protection laws can drive economic growth, and what challenges do you face in balancing innovation with privacy?
Thank you for this insightful question. I am proud to be working alongside brilliant professionals at the NDPC and relevant stakeholders to develop comprehensive and effective regulations. It is an interesting and dynamic role.
Data plays a crucial role in driving economic growth by enabling informed decision-making, fostering innovation, and improving efficiency. By protecting personal data and ensuring its responsible use, we can create a trustworthy environment that attracts investment, stimulates entrepreneurship, and promotes economic development.
Balancing innovation with privacy is a key challenge in today’s digital age. At the NDPC, we prioritise the protection of citizens’ privacy rights while recognising the importance of fostering innovation. We strive to develop data protection laws that strike a balance between these competing interests, ensuring that citizens’ privacy rights are safeguarded while allowing for responsible data use in innovation.
In your opinion, what new dimensions in law, such as technology and data privacy, should upcoming legal professionals focus on to remain competitive in the evolving global legal market?
The global legal market is constantly evolving, driven by technological advancements and changing societal dynamics. To remain competitive, upcoming legal professionals should focus on developing expertise in unique and contemporary areas of law to distinguish themselves. A few examples of these are; technology law; data privacy and protection; international dispute resolution; cyber security; anti-trust; and restitution law.
While it is important to specialise in specific areas, a strong foundation in general legal principles is essential for a successful legal career.
Throughout your career, have there been any cases or projects where the outcome didn’t go as planned? What did you learn from those experiences, and how do you view the role of failure in professional growth?
Throughout my career, I have encountered cases and projects that did not unfold as planned. In these moments, I focus on understanding the reasons for these outcomes and developing strategies to resolve these issues. This often involves open communication with clients, strategic thinking and exploring alternative approaches. These experiences have been valuable learning opportunities, teaching me the importance of resilience, adaptability, and strategic thinking.
Most times what we perceive as “failure” is often subjective, and shaped by our individual goals and inspirations. In my journey, I have come to view these “failures” as opportunities for growth and redirection. By embracing challenges and learning from them, young lawyers can develop resilience and a determination to succeed.
I believe that “failure” plays a valuable role in professional growth. It helps us to identify our strengths and weaknesses, develop new strategies, and ultimately achieve our goals. So instead of fearing “failure”, we should embrace it as a natural part of the learning process.
You’ve been recognized as a rising star in the legal world. How do you personally define success in your career, and what values do you prioritize when working on high-stakes legal matters?
I define success as continuous growth and development in my legal career. This means staying curious, seeking new challenges, and striving to become better every day.
When working on high-stakes legal matters, I prioritise the following values; analytical skills; diligence; hard work; resilience; discipline and respect for colleagues.
As a successful female lawyer in international arbitration and data protection, what challenges have you faced in navigating these male-dominated sectors, and what advice would you give to young women aspiring to enter similar fields?
One thing that has defined my attitude to work is my belief that I can achieve anything I put my mind to and that my gender does not limit my capabilities as a legal professional.
I have also been fortunate to have the support of mentors, both male and female, who have continually provided advice and assistance at various stages of my career. In addition, having female colleagues who are equally excelling in their careers demonstrates that gender is not a barrier to success.
Initiatives like the Equal Representation in Arbitration, and ARBinBRIEF have been instrumental in promoting diversity and inclusion in international arbitration. ARBinBRIEF is a practical video guide on arbitration issues led by female practitioners. As a founding member, I had the privilege of working alongside talented and inspiring women from around the world. This experience was insightful and inspirational.
I would advise young women to have unwavering confidence in their abilities, work hard, pursue knowledge, seek mentorship, network actively, participate in diversity initiatives, and not be afraid to create their unique path. It is okay to take the road less travelled.
You developed a short documentary on the Arbitration and Mediation Act 2023. How did this creative process of storytelling influence your perspective on law, and do you believe more legal professionals should engage in creative forms of legal education?
Creating a documentary on the Arbitration and Mediation Act, 2023 (AMA) was a rewarding experience that allowed me to explore my creative side. I decided to pursue this at a period in my life when I had a bit of time. My main goal while developing the documentary was to educate professionals on the significance, potential impact, and rationale behind certain key provisions of the AMA.
While producing the documentary did not significantly alter my perspective on law, it did open my eyes to the intricacies of visual storytelling. The creative process required skills beyond my typical legal practice, such as developing a theme, creating an effective teaser and video editing.
I firmly believe that legal professionals should explore creative forms of legal education. People are more likely to remember information presented compellingly and engagingly. In today’s digital world, incorporating visual storytelling can be a powerful tool for attracting clients, educating the public, and building a strong brand.
With such a demanding and diverse legal career, how do you find time to unwind and recharge? Are there any specific activities or practices that help you maintain a healthy work-life balance?
Balancing a demanding legal career with a personal life can be challenging. While the traditional concept of “work-life balance” may not always be achievable, I have found that integrating work into my life has been useful.
One thing I do to stay organised and manage my workload effectively is to prioritise completing small tasks during downtime. This includes responding to short emails during lunch breaks, catching up with projects on weekends, and creating weekly to-do lists on Sundays. This allows me to stay organised and avoid feeling overwhelmed.
To fully unwind, I prioritize spending quality time with my family and friends, exploring new places and travelling. One of my personal goals is to visit a new country every year. This year, I was fortunate enough to travel to China as part of the NDPC delegation, which was a truly rewarding and insightful experience.
Hello and welcome to another episode of SuperLawyer YouTube channel. Today we have with us advocate Gaurav Dhwaj who is founder and managing partner of Dhwaj and Associates. His specialties are legal and regulatory practices which relate to telecom, media and information technology sectors.
Also commercial contracts, litigation and arbitration. Most welcome sir to our channel and thank you for accepting our invitation. I know you are a busy person. So I’ll quickly start with the first and very pertinent question. When did you decide to do law? How did you decide to become a lawyer and how was your school days and college days and the kind of experiences or inspirations that you got from there that motivated yourself to becoming a lawyer, the way you are today?
The floor is yours, sir.
Thank you very much, Divya. First of all, I am deeply honored to be on this platform and am happy to reflect on your queries about me, the profession, and my understanding of it. To address your first query, I would like to start with my school days.
I have always been energetic and excited to explore new opportunities, challenges, and experiences. Some of that enthusiasm is still with me. If there was any activity in school, whether it was a debate competition, essay writing, storytelling, or poetry, you name it, and I would be there, in addition to my studies, of course. I was a very participative student, involved in almost all activities. My childhood was quite eventful.
This approach continued through my college days. During this time, I was also introduced to the NCC, where I excelled in shooting and cooking—a unique combination. My school and college days were quite eventful and rewarding.
Regarding my motivation to pursue law, I am a second-generation lawyer. I completed my graduation in computer science with a Bachelor of Computer Applications (BCA) and was set to pursue a Master of Computer Applications (MCA). However, there are certain commonalities between my personality and the legal profession. I am driven by intellectual challenges, which are inherent in law. I constantly seek opportunities for continuous learning and self-improvement, both personally and professionally. My fearless approach to dealing with issues, developed through my active participation in various activities, aligns well with the demands of the legal profession.
When I seriously considered my career path, I realized that my personality and approach were naturally suited to law. Being a second-generation lawyer, I have always seen my father practicing this profession. He was a litigation lawyer and my role model, greatly influencing my life. His guidance helped solidify my decision to pursue law as a profession.
What a beautiful story. And the way you have said that he is your role model, it seems that yes, he has paved your way towards greatness, I would say. That being said, when did you decide to establish Dhwaj and Associates? And how was the journey? And how has it been till now with all the challenges I’m pretty sure you must have faced after the inception? And how have you built a name for this particular association?
I began my career as an in-house counsel with the Tata Group of Companies and the Bharti Group of Companies. After spending almost two years in these organizations, my journey with law firms began.
I have worked for some of the leading law firms in the country, holding various positions from junior associate to partner and head of practice areas. The journey has been very interesting and rewarding, and I would even say very enjoyable. I don’t hesitate to say that law and the legal profession are my first loves. After serving in almost all positions that a law firm has to offer, I decided to establish my own firm, Dhwaj & Associates. I started as a solo practitioner, but I have been fortunate enough to have a team of highly competent lawyers.
We currently have two offices: one in Delhi NCR and one in Bangalore. Having completed my first graduation in computer science and my second in law, technology and telecom law was a natural choice for me. Except for my first job with the Tata Group of Companies, I have always been in the telecom and IT space.
When I set up Dhwaj & Associates, my initial idea was to create a boutique TMT law firm. However, I was fortunate to meet committed and dedicated people who helped transform it into a full-service law firm. Today, we operate as a full-service law firm from our offices in Noida and Bangalore.
First of all, sir, congratulations on your achievements. I am confident that your success will continue to grow in leaps and bounds.
You mentioned that law is the love of your life, and this passion has rewarded you greatly, particularly through your leadership in law and your support for AMTRON and the Ministry of Information Technology, Government of Assam. This is indeed a significant achievement.
Could you please elaborate on your experience working on this project? How did you approach and manage the tasks, especially considering the involvement with the ministry? What strategies did you employ to overcome the obstacles you encountered while undertaking such significant work?
Connecting with AMTRON was one of the best moments of my life. Receiving an award is a subsequent recognition of the work and effort put into developing and helping clients.
My excitement has always come from connecting with people—helping, guiding, supporting, and handholding them in every possible way. I enable them to navigate the challenges of the legal profession and the transactions they are involved in, especially when they struggle to find legal solutions.
Awards and recognition follow naturally. I have never been driven by them; instead, I have always been motivated by connecting with new people with the pure intention of helping them with all the skills I possess. Meeting with AMTRON was one of those memorable moments.
I still remember being a speaker at a conference in Dubai related to the IT sector. This was over seven or eight years ago, and I spoke on the topic of interception, which was not a well-evolved concept in India at that time, particularly in the telecom sector. During that conference, I met the Managing Director of AMTRON, Assam Electronic Development Corporation Limited, which is wholly owned and controlled by the Government of Assam. He was the moderator of my session, and that’s how we got introduced.
After returning to India, I received a call from his office. They needed a corporate lawyer who understood the telecom and IT sectors for a transaction. They believed I had the capability to assist them. I agreed, and thus began my journey with AMTRON. Initially, they engaged me for legal affairs, and later, they involved me in regulatory work as well. Eventually, I was entrusted with handling not only legal and regulatory matters but also their international domain.
In terms of international work, I represent them in all overseas investments and incoming investments from abroad, taking care of legal documentation and actual representation.
This introduction to AMTRON allowed me to apply my legal expertise to real-world challenges and deepened my understanding of the intersection between law, technology, and both domestic and international business operations. I gained insights into the perspectives of international businesses entering commercial relationships with state PSUs, their sentiments about India, and the challenges they face. This experience provided me with a broader perspective and reinforced my commitment to leveraging my legal skills for public service. It significantly boosted my professional credibility and visibility within the legal community.
Listening to your story, it seems like your journey unfolded naturally, and you embraced it, ensuring your success along the way. It’s remarkable to see that, despite being a second-generation lawyer, you remain humble and openly acknowledge how opportunities came to you. Often, we encounter individuals who aren’t as forthcoming about their paths to success, especially in the legal profession.
Your humility stands out and has undoubtedly served you well, particularly in a relatively new field like technology law. It’s impressive that, despite having a BCA and then transitioning into law, you chose to specialize in technology law and have excelled in it. However, it seems that this specialization isn’t very common in the Indian legal fraternity, and there’s a certain apprehension about it.
With that in mind, could you please share with us how you started Dhwaj & Associates?
I started Dhwaj & Associates recently. After completing my initial 2 years as an in-house counsel, I joined another law firm, which is now the largest law firm in the country. I have worked with several tier-one law firms throughout my career. After spending 15-16 years in the profession, I decided to set up my own firm, Dhwaj & Associates. So, it wasn’t immediately after my 2 years as an in-house counsel; I worked for various law firms for about 14-15 years after that. After gaining substantial experience both in India and overseas, I decided to establish my firm.
Wow! Amazing, sir! Over your 18 years of experience with top-tier law firms, the Tata Group, and the Bharti Foundation, how have these roles shaped your thought process? When you started your law firm, there must have been something significant going on, as you mentioned you were a solo practitioner at the time.
How did you find the courage to take that step? What advice would you give to those who are interested in following a similar path but feel scared or skeptical about achieving the same level of success and outreach that you have? How did you plan your journey?
We would also appreciate it if you could provide us with a sort of roadmap, if possible.
Sure, I’ll definitely try. First of all, I would like to start with a word of thanks to all my former employers who trusted me, gave me opportunities to perform, and provided platforms where I could develop both professionally and personally. My experience working as an in-house counsel and as a private practitioner with various law firms has been invaluable and has significantly shaped my professional outlook. For a legal professional working in a law firm, it is crucial to understand the client’s perspective.
Coming from an in-house background helped me understand the pain points of business houses. It enabled me to step into the shoes of my clients and view the entire transaction or issue requiring legal help from their perspective.
I firmly believe in the philosophy that a business lawyer must understand their client’s business. Without adequate understanding, one may not be able to provide viable business solutions. Most of the time, our solutions are not just legal opinions, legal memorandums, or research notes. They are also for the management, who often do not have a legal background. Therefore, it is crucial that a lawyer’s approach aligns closely with the management’s perspective for the legal opinion to make sense to them.
Otherwise, these opinions are typically reviewed by in-house lawyers who then communicate them to the management. Thus, lawyers in law firms need to put in the effort to understand the client’s business, intentions, and pain points before starting any mandate or transaction.
Before joining a law firm, I was part of an in-house team where I regularly interacted with the business team. This interaction allowed me the freedom to ask questions that helped me gain a better understanding of the business.
I believe this understanding is vital for every corporate lawyer. One cannot start working on a document without understanding the business’s nature and the client’s intentions regarding a particular transaction. This sense of understanding, developed during my time as an in-house counsel, has been beneficial in my law firm journey and continues to help me today.
This is the ethos I want to embed in the DNA of our firm, Dhwaj & Associates: to prioritize the client, to serve the client by first understanding them, their business, and their pain points. This understanding is a prerequisite before starting any work on a transaction.
Your approach to establishing your firm and reputation over 18 years of practice demonstrates remarkable clarity.
As an in-house counsel and now as a practitioner, you’ve witnessed significant changes in technology. Innovations like IoT, AI, cloud computing, drones, and online gaming have profoundly impacted our legal framework.
Legislation is striving to accommodate these advancements. How do you approach these areas when clients seek your expertise, given that you practice in such a niche field, which is relatively new to many lawyers in India?
New generation lawyers are eager to understand how you have made a name for yourself in this specialized field with such ease. Was it your technological understanding alone, or was it your unique approach to understanding and serving your clients’ needs? We would appreciate it if you could elaborate on these aspects.
To be honest, I never thought about it until now. But since you’re raising this question, looking back, perhaps it’s a combination of a few things. One is definitely my understanding of the technology sector because I studied technology for about three years before taking up law. So, I have a solid foundation in the technology sector.
Over time, I also developed the skill set of merging facts and client requirements with the legal and regulatory framework of the country. Until you understand the facts and properly align them with the applicable legal and regulatory framework, it’s difficult to come up with a clear, fair, and legally accepted solution for the client. So, I think it’s a combination of these three or four things.
Now, addressing your query related to emerging technologies, I believe these emerging technologies, as you rightly said—IoT, cloud computing, online gaming, AI/ML, robotics—are significantly impacting the legal framework, creating both opportunities and challenges.
These technologies raise new legal issues related to data privacy, cybersecurity, intellectual property rights (IPR), and regulatory compliances. They have opened up new avenues that the law must now accommodate in its overall approach.
The advice I would like to offer is that it is crucial for everyone to stay informed. It’s also important to engage with industry bodies to understand not only technological developments but also the entire ecosystem around them, which includes the legal aspect. Engaging with professionals and experts is essential. Consulting with legal and industry experts helps understand the implications of new technology and ensures that the technology being implemented or introduced complies with existing legal and regulatory frameworks.
Adopting industry best practices is also important, especially in areas like data security, data privacy, IPR, cybersecurity, and regulatory compliance. Proactive risk management should be considered, which includes engaging with experts to identify potential legal, financial, and operational risks as early as possible and developing robust strategies to mitigate these risks.
By considering these steps, clients can navigate the complexities of emerging technologies and leverage the business opportunities these technologies can offer.
Sir, like you agreed to keep abreast with the new upcoming legislations and the kind of news which we get every day. Recently we saw the enactment of the new Telecommunication Act 2023. How do you see the impact of this particular act on the telecom sector, and what kind of advice would you be offering the companies to navigate if possible in this new regulatory landscape, I’m pretty sure you must have gone through it very thoroughly and we would request you to give some insights about it as well?
The new Telecommunications Act is a welcome development, as it replaces the outdated Telegraph Act that previously governed the telecom sector, including licensing for service providers. Enacted in December 2023, the new act received presidential assent and was published in the Official Gazette of India. On June 21, 2024, the government issued a notification partially implementing the act, putting 40 sections into effect. In this first phase, 39 sections of the act have been activated.
One notable improvement in the new act is its extraterritorial applicability, which was absent in the previous framework. This provision, introduced for the first time in the Information Technology Act of 2000, now applies to the telecommunications sector as well. Under the new act, if a person commits an offense or contravention related to telecommunications services and networks while outside India, they can be held accountable under this act.
Another significant feature of the new act is the framework for online dispute resolution. Additionally, it includes a comprehensive and evolved framework for penalties in cases of contravention. The act also does an excellent job of covering nearly all telecom-related activities, including secondary activities previously outside the scope of the old act. The previous regulatory framework had a gap between administrative regulation and technological advancement in the telecom sector. The new act aims to bridge this gap by encompassing recent technological developments and new services provided by the telecom sector.
Overall, this is a positive step forward. I am hopeful that the government will soon issue a second notification to fully implement the act. This legislation not only benefits telecom service providers but also has provisions directly benefiting users, contributing to the overall development and improvement of the telecommunications sector in India.
Hopefully, sir, we will see the entire act notified soon. Congratulations on starting this new initiative. As you mentioned on June 21st, it has come into effect with 39 sections.
Now, shifting focus from your professional life, could you please share how you maintain a work-life balance? We would love to know how you find time for your hobbies or recreational activities, allowing yourself a mental break from the stress and creating a peaceful space for yourself.
In my personal life, I consider myself very fortunate to have a loving and supportive family. This includes my wife, my sisters, my mother, and my children. I especially cherish the time I spend with my two sons, who are currently school-aged.
They play a crucial role in maintaining my sense of balance and sanity. The legal profession is incredibly demanding, and the level of commitment required is exceptionally high. It’s nearly impossible to completely disconnect from work, especially when you hold the role of managing partner at a firm. This position involves not only ensuring the quality of client services but also overseeing the firm’s operations. You find yourself juggling a multitude of tasks related to client delivery, human resources, technology, and management, among others.
Despite these challenges, I am grateful for the unwavering support of my family, the blessings I have received, and the joy my children bring to my life. Additionally, I have a passion for reading poetry, which adds another dimension of fulfilment to my life.
Wow! So you practically enjoy all of your serious work as well as poetry along with your kids. You keep your sanity intact. Sir, all that being said, we had a wonderful journey with your interview. To its very end, I would request you to let us know about your plans for Dhwaj & Associates and how you foresee yourself progressing in the direction of making it more national and internationally renowned because that is something that I guess is very close to your heart. And the kind of firm services, that we see today, how are you going to have a little different aspect or approach towards it? We would request you to share if at all you wish.
Yes, absolutely. Firstly, having been on both sides of the table, I have walked in the shoes of an employee, which gives me a deep understanding of their challenges and concerns.
This experience has influenced my decision to adopt an institutional approach rather than an individual one in setting up this firm. To elaborate briefly, when I say “institutional approach” over “individual approach,” I mean that while I may not necessarily aspire to make this firm globally recognized, I am committed to working with global clients.
Branding and establishing a name are not my primary concerns. Instead, I prefer to focus my energy on helping people. I firmly believe that success and achievement in this world come from connecting with a good set of people and developing the right skill set.
If you are surrounded by capable, like-minded individuals and you have pure intentions along with the necessary skills, success and recognition will follow naturally. The key is to cultivate the right skills, adhere to ethical practices, and focus on the core values of the profession. The essence of this profession lies not in building a global brand but in serving the client. This is a customer-facing industry, where the client is paramount. By addressing their pain points and providing effective support, the clients will, in turn, help build the firm’s reputation.
Therefore, my effort is not geared towards brand-building but towards creating a supportive institution. I aim to establish a firm that supports everyone associated with it, regardless of hierarchy. This is a people-focused firm. I emphasize to everyone working here that it is their firm and their office. Even if they move on to start their own practice, they are welcome to use our office space as their own.
For me, it’s not about fancy infrastructure but about the people. I am dedicated to attracting and nurturing competent individuals with the right skills. My belief is that if we focus on having the right people and serving our clients effectively, the firm will naturally build its own brand.
So ultimately you will be a brand courtesy to the clients that you will be serving. So Dhwaj & Associates is going to be a global brand and we wish you all the best for that. And thank you for agreeing to meet with us sir, it has been a very humbling experience and a very beautiful interview. Thanks for sharing your insights about it. Thank you, sir.
Reflecting on your journey from college, could you share the story of why you chose to pursue law as a career? Were there specific experiences or influences that led you down this path, and how has that decision shaped your professional trajectory over the years?
Growing up, as a student, I was always inclined to study business and that is evident from my qualifications as well. I hold an Honours in Bachelor of Commerce from Delhi University and then pursued my Masters in Business from Australia. However, law was always on the cards for me as I come from a family of lawyers. One particular instance I do recall that may have prompted me further towards this career was my interaction during my MBA with a fellow student (Tony, who also was a lawyer). We had numerous discussions on various issues that he dealt with as a lawyer and why he felt the need to study business to enhance his career as a corporate lawyer. I recall my interactions with him as a tipping point in developing further interest in this profession.
In your role at Zee, you must have been involved in significant transactions with major partners. What negotiation strategies or skills have you found most effective in dealing with such high-stakes deals?
A thumb rule to any practice in law is to assess the situation before you with an analytical mindset. You need to understand the situation you are faced with, how it impacts you from an operational standpoint and what you can do to safeguard your interest. Even while negotiating and finalising contracts these principles form the foundation that acts as a guiding factor in my decision making. I place heavy reliance on certain clauses like Scope, Indemnification, Limitation of Liability, IPR, Obligations and Reps and Warranties and ensure that my organisation’s interest is best covered while negotiating any transactions.
Your experience includes handling legal affairs in the FMCG and E-commerce sectors. How do you navigate the evolving landscape of technology laws, especially in the context of data protection and intellectual property, to ensure legal compliance?
We live in an era of evolving technology and that plays a pivotal role in any business these days. I have been fortunate to have worked in different industries which are at the forefront of technology like e-commerce, Fintech and Media and Entertainment. The key to navigating compliance for any organisation is to continuously be involved in stakeholder consultation. You need to be able to work with different stakeholders from across functions and be able to understand the nuances that surrounds your business. Data in the present times is considered to be the most expensive and valuable commodity for any business and therefore ensuring compliance vis-a-vis protection and privacy of customer data is crucial for any big business these days. With new enactments like the DPDP Bill on the horizon, non-adherence to these compliances can result in big financial losses to an organisation which can be avoided if there are compliant and audited systems in place.
You pursued an MBA from La Trobe University in Melbourne, Australia. Could you share what motivated your decision to pursue an MBA and what factors influenced your choice to do it abroad? How has your business education enhanced your legal career?
I have always been a keen business student and wanted to pursue my education by doing what I was passionate about. After my graduation, I decided to pursue my post-graduation from outside India as that would give me the opportunity and exposure that a young student like me required in the early years of my life. Besides, it gave me a good understanding of different cultures and a chance to make a global network. My education has helped me imbibe my learnings into my legal practice. Being a corporate lawyer, I have a good understanding of business operations and as a result, I can integrate the legal framework keeping business needs in mind.
As someone actively involved in the Mediation & Conciliation Network and Federation of Integrated Conflict Management, how do you see alternative dispute resolution methods shaping the future of legal practice?
Alternate Dispute Resolution is cost-effective as it saves the high expense of litigations incurred by litigators and is a faster medium of effective disposal of intense disputes. With an overburdened judicial system, Alternate Dispute Resolution like mediation and conciliation is the future of effective disposal of disputes and provides a great platform for an amicable settlement between the parties. ADR will play a very crucial role in the coming times in India.
You’ve been recognized for your achievements, including being awarded the Most Valuable Legal Associate at Sood & Singh Associates. Can you share a bit about a project or accomplishment that you are particularly proud of in your career?
Many instances have challenged me in my career, one such instance is during the Covid-19 time in 2020. I was faced with an issue where the business team was keen on implementing a model under our e-commerce business where we could leverage transactions as a SAAS platform. By the time the information about the business model came to my desk, there were already substantial efforts and costs made in terms of operationalising the same. I was faced with a unique challenge to intervene in the structure of the envisaged model. Without getting into the intricacies of what transpired, I had to hold my ground and opine my business team on the challenges that it may attract from a compliance standpoint and the risk and exposure that may be faced by the organisation if we do not change the current structure. As a result, we took external opinion and external counsel endorsed my view which resulted in changing the entire structure of implementing this model. I got beef from my internal stakeholders initially, however, when they realised that my observations were well accounted for, this resulted in appreciation at a management level.
You made a transition from working in law firms such as Kochhar & Co. to taking leadership roles in organizations like Zee Entertainment and Paytm. What motivated or inspired you to make the shift from private practice to the corporate sector, and how has this transition impacted your approach to legal challenges?
I was always intrigued by the corporate practice and after having worked for almost a decade in litigation and law firms, I got an opportunity to head the legal vertical for a startup. What attracted me towards this role was the fact that the management of the company wanted a candidate who could help set up the entire legal vertical right from scratch and I took that up as an opportunity to utilise my expertise of over a decade and implement my learnings from my business qualification into practice. Another motivational thing about corporate practice is of being able to take ownership right from the point of giving your legal opinion to implementing it at ground level with desired results, unlike in the case of being a consultant where your role ends at giving that opinion. Being a very result-driven professional, this facet always intrigued me and may have been the guiding reason why I moved practices to corporate so as to have enough exposure on that front as well as a professional.
Having pursued your Masters in Business Administration in Australia, how would you describe the differences, if any, between the education systems of Australia and India? How has this cross-cultural educational experience influenced your approach to legal practice in the corporate sector?
While major part of my education has been in India, I was able to complement the theoretical knowledge gained during these founding years in India with the practical knowledge that I gained while pursuing my higher education in Australia. This practical knowledge has played a very crucial role in giving me a competitive edge in my career. This to my mind is a big differentiator between the education systems of the two countries. An example to validate the same is that during my post-graduation, one subject which I undertook was completely based on a video game called “Age of Empire”. The entire game served as a learning ground. The professor compared the challenges faced in the game to the challenges that one faces in real life. As a student, you tend to remember and co-relate to such situations better and this leaves a strong impact on your mind. The same approach serves as a guiding principles in my legal practice today where I can relate to different situations and be able to suggest possible legal steps in overcoming the hurdles without impacting business operations at large.
Outside of your demanding legal career, what activities or hobbies do you love to engage in to unwind and recharge?How do these non-legal pursuits contribute to maintaining a balance in your life?
Work-life balance is most important to me. I like spending time with my family as we need to remember that we work hard only to provide a better quality of life for our family members. So all work no play does not work for me. Besides that, I love listening to music, dedicating some time to my health by doing my daily runs and meeting old friends at every given possibility as they help keep me grounded and keep the momentum of life going.
What advice would you give to the current generation aspiring to build a career in law, considering the evolving nature of the legal profession and the increasing intersection with technology?
Get out and never hesitate to challenge yourself. Be open to exploring different legal opportunities and don’t feel settled for what you know best. We live in the day and age of technology and it only makes sense as a legal professional that you embrace technology with both hands.
What advice would you give to students who are aspiring to join the legal profession, particularly regarding the decision between working in law firms and opting for a corporate legal role?
Are there specific factors or considerations they should keep in mind when making this career-defining choice? Since I was a thoroughbred litigation counsel before I moved on to the corporate practice, my advice to aspiring legal professionals is to test your mettle in the courtrooms early on in your career. It harnesses you in thinking analytically and pragmatically about situations you are faced with. Besides it gives you an edge to have an extempo mindset which is crucial for any legal practice – be it with the law firm or as an in-house counsel.
Heading the IP and Data Protection practice at Galadari Advocates is no small feat. What sparked your interest in this field, and how has your journey been in managing high-profile projects and transactions? Can you share a bit about what drew you to this field and some highlights of your experience so far?”
Heading the Intellectual Property (“IP”) and Data Protection practice at Galadari Advocates has indeed been a remarkable and rewarding journey. Well, I am old school on this, but for sure, it was my father, a techno legal patent attorney in the 80s, who sparked my first interest in the subject. At that time India was still in the process of developing their Intellectual property laws and the landscape was only evolving.
Reading through the files and books and general casual chats with him on various patent and trademark related issues got me curious. Reading through files and commentaries, I found myself drawn to the intricacies of intellectual property law, realizing that it was more than just a legal practice – it was a unique blend of law and business. Furthermore, IP encompasses a broad spectrum of activities including registration, protection and enforcing rights making it a dynamic field.
Dealing with clients from diverse backgrounds, ranging from multinational corporations to small and medium enterprises, has broadened my perspective and it is interesting to see the different dynamics between clients as their priorities towards their brand protection might be different and so would be their funding. An example for the same would be how, more often than not, high profile clients implement a proactive step towards protecting their IP whereas smaller clients implement a reactive approach, only when their rights have been violated. This is however shifting, with people getting more aware about the importance of protecting their IP.
Each project is made special by the personal touches of sitting down with clients, learning about their business, and developing methods to protect what is essential to their brand. This sector is rewarding and demanding due to its unique blend of legal expertise and commercial considerations.
With over 19 years of experience, including 17 in the Middle East, how have you seen the landscape of IP and Data Protection evolve in the region, and what trends do you anticipate in the coming years?
Over the past 17+ years of navigating the IP and Data Protection landscape in the Middle East, I’ve seen a whirlwind of changes that truly reflect the region’s commitment to staying at par with global standards.
One of the most exciting shifts has been the government’s proactive approach. Laws are no longer static; they’re in a constant state of evolution in alignment to the international standards. Signing the Madrid treaty has been one of the very progressive steps UAE IP office has taken.
Amendments in laws and regulations, international treaties, and a more practical stance on handling IP disputes showcase a dynamic and contemporary mindset. For instance, despite not being a common law country, it’s fascinating to note the newfound importance given to prior use in cases involving unregistered trademarks – a bit of a twist from the norm in civil law countries. Additionally, reducing the trademark registration fees, which were once sky-high but have now been dialed down to attract brands, has played a significant role in enticing businesses to set up shop in this first-to-file country.
In the realm of Data Protection, it’s been a journey from virtually no laws to now having our own Personal Data Protection Law (PDPL). I still recall, during the earlier times, we used to rely on DIFC DP law or other privacy laws when we were approached to advise on the DATA P regime of the country.
Nonetheless, today the country has its own law, and we’re eagerly awaiting implementing regulations to solidify the DP framework. Looking ahead, there’s a buzz in the air for Data Protection. Sectors like finance, health, and insurance now have specific DP laws, and businesses of all sizes are gearing up for compliance, especially considering the potential fines. AI and FinTech are particularly two upcoming fields to watch out for in UAE’s legal landscape.
What’s heartening is the growing awareness among individuals of their rights and the relevant laws. With the authorities lending a helping hand through guidance and support, we’re seeing a more significant number of complaints being filed. In a nutshell, it’s been an incredible personal journey witnessing these transformations in the Middle East. It feels like we’re on the cusp of a new era, one where the region not only embraces but thrives in the realms of IP and Data Protection.
As a member of the INTA Leadership Program and a regular speaker at international events, including chairing committees such as the Parallel Import Committee for the Middle East, Africa, and South Asia for INTA, can you share one memorable experience from these engagements? Additionally, what challenges and rewards have you encountered in leading initiatives on such a scale?
Being a part of the INTA Leadership Program and taking on roles such as chairing the Parallel Import Committee for the Middle East, Africa, and South Asia has been an incredibly rewarding experience. The scope wasn’t limited to just the Asia-Pacific region, Africa, and the Middle East; it extended to handling matters in 17 countries. This provided a unique opportunity to navigate the legal landscapes of diverse jurisdictions, each with its own legal backgrounds, cultures, and languages.
The most rewarding aspect was the exposure to such a wide array of legal professionals. Dealing with individuals from different knowledge backgrounds and approaches required flexibility. Instead of trying to change everyone else, the key was adapting to different nuances while staying focused on the end objectives.
One particularly memorable experience involved a case related to parallel imports in Australia. The Parallel Imports Committee at INTA, including myself, worked on creating a white paper analyzing the case and proposing the best solutions. The paper, submitted by the Australian team, was accepted and analyzed, showcasing the tangible impact of our collaborative efforts.
Another notable experience was engaging in policy dialogue with a Southeast Asian government. The goal was to shift from international exhaustion of rights to national exhaustion of rights. Being a part of a different country’s policy-making dialogue was fascinating, especially since I had no prior background in that particular jurisdiction.
However, leading initiatives on such a scale also came with its set of challenges. One challenge involved working with individuals who may not have had the same intentions or commitment to contributing to the committee’s objectives. Identifying those who weren’t actively participating and diplomatically encouraging holistic participation was a balancing act.
On the speaking front, the challenge was managing time effectively. Balancing commitments to billable work, client interactions, and INTA responsibilities required a keen understanding that the time invested in such leadership roles would contribute to the future development of clients and businesses. It was a juggling act, but the rewards of networking, learning, and contributing to the broader legal community made it all worthwhile!
Having worked with diverse teams across the APAC region, what cultural nuances have you found particularly interesting or challenging, and how do you navigate them in a professional setting?
Working with diverse teams in the APAC region, I’ve encountered interesting cultural nuances in decision-making, adaptability, and neutrality. Adapting my leadership style for consensus-building or direct approaches, adjusting communication styles, and maintaining impartiality have been key. Creating an inclusive environment that values diverse perspectives fosters effective collaboration and builds trust within the team.
You pursued additional education at the University of Pennsylvania and WIPO. Can you tell us about the motivations behind these choices and the impact they’ve had on your career? How has this knowledge enhanced your approach to handling data protection issues in the legal realm?
Embarking on additional education at the University of Pennsylvania and WIPO was a pivotal decision in my mid-career journey, driven by a deep-seated belief in the importance of continuous learning. As a lawyer, being the first point of contact for businesses necessitates a deep understanding of evolving legal landscapes to better cater to client needs.
The Middle East is undergoing rapid legal transformations and pursuing these courses was a deliberate effort to evolve as a lawyer in tandem to the ever-evolving legal landscape. It’s not just about knowledge; it’s about providing clients with informed and comprehensive guidance in navigating the intricacies of emerging legal frameworks. Studying the laws of countries that have already progressed helps you understand what to expect in a newer country like the UAE, where laws are still in the making. Understanding the trajectory of legal systems allows me to advise clients effectively, offering insights and strategies honed from the experiences of more developed legal landscapes.
Something that needs to be noted by young legal professionals and aspiring lawyers is that beyond personal growth, expanding your education serves as a strategic move to enhance your marketability. It’s about presenting yourself as a professional committed to continuous improvement. This also instills confidence in clients, knowing they are entrusting their legal matters to someone deeply invested in staying at the forefront of their field.
Balancing roles as Partner and Head of IP and Data Protection, Tech Laws, and Corporate Commercial matters must be demanding. How do you unwind and recharge outside of work?
Balancing my roles in various practice areas of law, can be intense. To unwind, I keep things simple and away from legal stuff. I love hanging out with friends—chatting about all sorts of things outside the legal world. It’s a great way to take a break and see things from different angles.
Movies are my escape. Getting lost in a good story helps me forget about work and just enjoy the moment. I’m also a fan of theatre. Most importantly, I make sure my free time is law-free. Keeping that separation helps me recharge, so when I get back to work, I’m ready to go with a fresh perspective.
Your clients span various industries such as fashion, FMCG, real estate, and automotive. Do you have a favorite or most interesting case that stands out in your career?
I had worked on a trademark cancellation case in the UAE before the Dubai courts a few years back. While the law did provide the grounds for illegal registration to be considered for cancelling the registration of a mark, at that time I was surprised to see that there was hardly any recognition of this aspect and the country’s lawyers and judiciary was only aware of implementing cancellation under non-use provision. Having said that, I maintained my submissions strictly on the basis of illegal registration grounds and drew the judiciary’s attention to the Paris convention articles that clearly lays down this principle. We also went ahead to educate the UAE court of first instance on the international treaties that UAE is a signatory to be under an obligation to follow these principles. Interestingly, while the case had a judgement date, I had shifted law firms during then. While I remained curious to know if that matter would be well accepted, to my surprise the case came back to me in my new firm through a change of lawyers that client had. I was glad to see that by then the case was decided and the court had accepted that legal principle and passed an order in our client’s favour. I dealt with the case till its end and the final execution of the favourable order. I always would think that when you’re meant to be the destined lawyer for a case, it does follow you through and sees daylight.
Given your wealth of experience and expertise, what advice or suggestions would you offer to aspiring legal professionals and those entering the field of intellectual property and data protection to thrive and make a positive impact in the coming generation?
That’s a wonderful question! Starting out, keeping an open mind has been key for me. I’d encourage exploration and experimentation with different legal fields. Sometimes, your true passion might lie in an unexpected place, hence don’t put yourself in a box during the beginning stages of your career. Take advantage of the beginning years of your legal profession and take time to explore your interests. Understanding the business side of things is crucial. The intersection of legal matters with business decisions is common these days, so cultivating a solid grasp of business operations enhances your effectiveness as a legal professional. As previously mentioned, continuous learning has been a cornerstone of my career. The legal landscape, especially in areas like intellectual property and data protection, is dynamic
LinkedIn has proven to be an invaluable tool for me! Actively engaging on platforms like LinkedIn, sharing insights, and building a professional network can open doors and provide valuable connections. Most importantly, knock on every possible door, because you may never know what lies on the other side!
All being said, hard work is non-negotiable. Setting annual goals and consistently putting in the effort has been my approach. Regularly reassessing and adjusting these goals has kept me agile and responsive to changing circumstances. However, it’s equally important to work smart and finding efficient ways to navigate challenges is the way to go.
It is important for young legal professionals to also understand that mistakes are part of the journey. Personally, I’ve found it essential to accept them, learn from them, and actively work towards minimizing their recurrence. Each mistake is an opportunity for personal and professional growth.
Above all, attitude matters! Employers often look for a positive and determined mindset. If you bring the drive and passion to the table, you can overcome challenges and carve a successful path in your chosen field.
And yes, I love learning from others and that’s been my mantra always to quote Steve Job …’Stay Hungry and Stay Foolish’ it certainly keeps one going.
Was pursuing law pre-planned for you or did it happen by chance?
Legal profession was my deliberate choice. Since my childhood I have been passionate about my rights, rights of others, human rights, justice and the degree of compatibility of state’s legislation with law.
What were the struggles you faced in the beginning?
I gained my first legal experience when I was a teenager. When I was sixteen I helped my parents in their litigations. It was arduous and disappointing sometimes. I saw incompetent judges, judges who neglected and perverted the law. And I saw plenty of pieces of legislation which were obviously outdated or unjust.
My family was poor, that is why I started my legal education as military-police cadet (this option is completely paid by the state), this way demanded hard work not only to master the subjects but also to pursue some police duties.
Additionally, I managed to participate in some legal scientific societies, conferences and provide vulnerable people with legal advice and help for free. During my study I got acquainted with ICRC activities and became true adherent of ICRC and IHL.
When I graduated from the university, I gave up the career at the police service because the reality there was far from principles of rule of law and human rights priorities. Then it turned out that graduated professionals with the background of police universities are much less demanded on the market.
That is why I had to develop, approve and demonstrate the highest level of legal professionality continuously. I tried to obtain advanced experience, pursue scientific researches and started working as lecturer in law.
According to you Denis, as a law student, where should the focus be on, the hard work on academics or smart work on networking and building a great skill-set?
I think both elements are important. They complement each other. Networking helps you demonstrate your competence but you should actually have what to demonstrate.
What are your views on AI or legal tech adoption, what restrictions will it have in the coming years?
Every technology may be used for good and for evil, particularly, technologies which we currently embrace under AI umbrella term. These technologies are able to improve our life enormously but on the other hand they might affect human societies devastatingly.
Particular concerns are connected to potential loss of human control, dehumanization of decision-making, surveillance, profiling and manipulation of will. Threats regarding to automation of weapon also should be stressed.
AI needs regulation as well as we regulate nuclear energy. I believe that we should regulate such powerful technology both on international and domestic level in order to put human first and make technology serve people and uplift humans’ personality, not degrade it, prevent inflicting harm and misuse of AI systems.
Denis, you’ve been quite active as a Data Protection Officer since Feb 2022, what are the roles and responsibilities of the same?
To cut a long story short, I’m responsible for development and maintaining Privacy Management System throughout AI lifecycle, including design stage, collecting data, forming dataset training of the model, its testing and deployment.
On the one hand I should assess whether we are entitled to use particular data for development of particular model (indicate personal data, assess purposes of processing, define necessary amount of data, minimize data and processing operations, chose appropriate legal ground for processing, provide transparent communication with data subjects, weight up their reasonable expectations and the context of processing, define storage period and destruction mechanism as well as protective measures, etc.).
On the other hand my role is to assess the possible impact of particular AI solution on data subjects’ rights and freedoms.
DPO is both the advocate of data subject defending human rights as well as business assistant helping to find and implement solutions which are compliant with law and comfortable for users. Correlating these two points is crucial to implement Privacy by Design.
Another significant thing is definition of applicable law and rationalizing legal requirements of different jurisdictions. It is also important to be familiar with world-best trends and approaches and be ready to implement them. Additionally, it is worth to be mentioned that DPO should make sure that all employees are aware of data protection issues and able to handle data in accordance with internal policies.
That is why I spend huge amount of time educating and training our staff to communicate with people.
What are the strategies that may help someone to clear the certifications for CIPM, FIP, GDPR DPP and GDPR DPM?
From my point of view, the best strategy is to combine theory and practice, to educate oneself continuously and try to implement all new knowledge in practice immediately.
Denis, can you please share the compliances for AI and legal tech in Russia?
Russia is prominent by its IT professionals including the field of AI. Currently many small and medium companies are leaving Russia because of political instability, but leaders are in place. These are mainly two hugest companies: Sber (not only Sberbank, but the group of companies on the whole) and Yandex Group. Speaking about legal tech, I’d indicate such companies as Pravo.ru, Kept (former KPMG) Seamless (former CMS), Consultant, Garant and others.
As someone who is passionate about pursuing law in Russia, what are brownie points one need to always look out for?
Russia is European country and belongs to European continental legal tradition. Russian legal system by its nature is an example of civil law jurisdiction based on Roman legal heritage. The composition of system and vast majority of legal institutions are derived from French ones, some from German.
Influence of English law took place but was not significant. Robust French-fashion frame of law is spoil by some unreasonable derivations and poor enforcement and legal culture. Utmost positivism is a predominant way of thinking among practitioners.
That is why it is useful to explore Russian law in the context of European jurisprudence, particularly, French.
Unfortunately, currently it is not the best time for jurisprudence in Russia. Legal system is not in well fit and it is continuing to be erased. Almost each new piece of legislation undermines coherence and predictability of legal order. It seems like Russian rulers are trying to follow all bad examples of Lon Fuller’s Rex.
True sense and purposes of law are quite frequently perverted and misused during the application and enforcement. Independent judiciary does not exist. Truly speaking, the rule of law at all does not exist.
We need a new generation of lawyers who could reinforce rule of law, priority of internationally recognised principles, universal human rights, predictability and coherence of legal system.
Lastly, any advice for our young legal professionals?
Stick to your principles and aways remember that lawyer’s mission is to protect human rights and uphold rule of law and justice rather than merely apply legislation. You should be able to find law behind sophisticated and controversial language of legal texts.
It is up to you to be creators rather than executors and improve your legal system and legal environment.
Did you always want to become a Lawyer or was it something that you decided in the later part of your school life? What other career options would you have considered, if not law?
As a child I was drawn to the elegancy of the legal profession. I didn’t know much back then other than the fact that I loved how they dressed and spoke with so much confidence. When I was in high school I became fascinated with Fashion Designing and decided I was going to be a fashion designer but being an African child, I really didn’t have that much freedom of choice. My father felt there was no future for fashion in my country.
In that day and age he was right. Since I had studied art subjects togather with Fashion science, it was now a matter of so what’s plan B. First I was thinking maybe Business Administration but since I needed to have at least 3 choices I selected law but I was sceptical about it.
So, being a lawyer was not my first choice but looking back and analyzing the kind of person I am, I now believe I was always meant to be a lawyer. So naturally this answers your second part of the question as well. If I wasn’t a lawyer I would have either been a Fashion Designer or a Professional Baker. In fact I owned a home baking business before relocating to Sweden and I still bake for my family and friends when they have special celebrations.
How smooth is it to be an in-house counsel? Or is it the other way round?
Well I would it has it’s challenges but if you are comparing it to being a litigation lawyer working in a law firm, I would say in-house is smooth. One thing I love about being an in-house counsel is that you get exposed to a more practical aspect of the corporate culture and that helps you a lot when advising clients. I noticed when I collaborated with our external panel of lawyer on some of our cases, it was a bit of a challenge explaining to the how the processes work in the organisation vis a vis what the law says.
There are skills I obtained working in-house that have helped me feel comfortable doing tasks that’s weren’t strickly related to legal.
Not many young female lawyers reach the height you achieved, what was the story behind your success? Were you the privileged child or had to dig in deep to quench the thirst?
I have not done much research in this area so I can’t really say whether there are many or few female lawyers that reach this level, but I one thing i know for sure is, there are more female lawyers working in house than in legal practice.
It takes boldness to be a litigation lawyer and I applaud all the ladies that chose that path. I wouldn’t consider myself privileged but some people might judge me as such because I did obtain my early education and high school education in Zimbabwe which at the time was considered to be the country with the best education in Africa.
Returning back home to Tanzania for my university education and even when I started working I did notice I had a bit of an advantage because of that experience. I was also very lucky to get my first job two weeks after my final university exam and it was in banking. That is why I never worked in a law firm.
What can be the real challenges while establishing a career in the field of law?
Law is very wide as you know. There are many branches of law and areas of practice. One of the challenges faced by many young lawyers is choosing an area of practice as well as whether to work in-house or in a law firm. It’s very important early on to decide your niche and start investing more in it. Trying to be a master of all is ending up being a master of none. When it comes to deciding where to work, it’s another challenge.
For most law graduates, the first that comes to mind is work in a Law firm, but they quickly realise how tough it is to make it in a firm. This brings confusion because throughout law school (at least where I come from) the lecturers prepare you for a career in a Law firm. But the world is different so you start struggling because you are not sure of where else you fit. We are rarely told of the option to work in-house. It took me a while to understand that I could have an in house career and still get my practising license.
What responsibilities do companies have under the GDPR?
Companies have a lot of responsibilities under the GDPR. I can’t go into details listing everything that a company need to comply with but it all comes down to accountability.
Accountability to itself, its employees, its customers, the general public and the territories in which they operate their businesses. Companies are held accountable under the law for how they govern personal data. So that means from the moment they collect it to the moment it’s destroyed and forgotten.
A company is responsible for making sure the data is secure both materially and physically, only those who need to access have access, it’s accessed and used for only the purposes for which it was obtained, It should never be kept for longer than is necessary and if it was be shared with other companies or sent to another country the proper security measure should be applied.
There is a lot that goes on behind the scenes than what I can describe here, but in a nutshell the above gives you an overview of what the GDPR requires.
As we know, metaverse, NFT’s all are on the rise, but how does it impact our privacy standards and other regulations?
Unfortunately I am not well versed on what is going on as far as Metaverse and NFT’s are concerned since that has not been my area of focus as yet, so I will refrain from assumptions. I can comment what I know in general. There is a lot that is going on with technology and it’s moving very and it’s quite unfortunate that laws will always be reactive because unfortunately laws are always enacted to solve a problem that has already occured.
Legislators will need to relook at our privacy laws and other legal instruments to make sure we uphold people’s right to privacy as these new inventions will have access to even more personal information that has potential to cause more damage than what we see today.
How has been your experience as a Co-Founder and Interim CEO of he Association of Privacy Lawyers in Africa (APLA)
APLA is still very young, we officially launched it end of September this year. There is a lot to be done. It’s hard to describe it, but I will try.
When Igxtelle who had the vision for APLA contacted me and mentioned that she believes that she and I would do great things together, I can tell you for sure APLA was nowhere near what I thought she meant. The vision of APLA is so huge that I am often scared even to try to imagine it, but I feel beyond blessed to be part of it’s inception, and now it’s establishment.
It’s also a huge challenge because nobody has walked this path before us. There are other associations but we all have our uniqueness so working on the organisational structure, setting up everything and managing a team where all of you are new to the tasks, is quite a challenge.
The good thing is I am not leading it alone. I am with all the other 6 founders supporting me step by step so I don’t feel that much pressure yet. I am excited about what the future holds for us and maybe on our 1 year anniversary I will have a different story to tell.
Would you like to give few advices to young legal professionals that worked well for you?
Believe in yourself and focus on your goal until you achieve it, as I always say consistency over perfection. Choose your niche and invest in it academically, professionaly and even in networking. Find a mentor and you can have more than one mentor actually.
Someone you know you can respect and you see where they are is where you would like to be. This cuts down your learning curve significantly.
You can have a mentor to guide your professionally and another to help you with your personal brand/profile. Never underestimate the power of continuous personal development. Whether you are employed, in between jobs or self employed always invest in perfecting your craft, attend networking events and learn from other people’s experiences.
Let us begin with the most important question, did you always dream of becoming a lawyer or, did it happen by chance?
Yes, I dreamt of becoming a lawyer when I was 9 years old. What stir up this interest was the fact that I once went to court with my mum to collect a decree and in the process, we got into a court where the magistrate was delivering a judgment on a criminal matter and the decision of the court in that matter really got me thinking as the convict was handed a jail term of 15 years and a hefty fine.
Following the pronouncement of the court decision, the convict became dramatic and started wailing in court that he was not guilty.
As a young girl, I was struck by the turn of events and vowed to become a lawyer to learn more about how the criminal justice system works. As I grew older, I came to learn that the middle-aged man was wrongly sentenced due to forged and fabricated evidence presented to the court.
Indeed knowledge is power and that education is the great equalizer. The middle-aged man was unrepresented as he could not afford a lawyer as he was a pauper and the state had not provided one to represent him.
I chose law as a career as I have always believed that lawyers are justice emissaries and in part, to develop the skills that would allow me to speak truth to power, champion the underdog, and narrow the immense gap between what is and what ought to be.
What is more, by making people’s lives a little easier, we achieve significance, creating legacies that transcend our own lifetimes. In my opinion, the law is not just a profession. In my sight, it is a medium through which I can serve my nation and people. Law is not just about rules and regulations. Law is also about rights, justice, and understanding human behavior and society.
Do you feel it is necessary to have a mentor/ guide to handhold a young lawyer in the beginning years of the profession?
Yes, a mentor is a very important person in the legal field as they guide and advise on the practical aspects of the law. This varies from litigation practice before different courts and on different subjects, preparation of pleadings, contract drafting and review, file tracking and follow-up, and also client engagement.
What are the eligibility requirements for becoming a Data Protection Counsel and what are the roles and responsibilities of a Data Protection Counsel?
I believe one does not need to have a legal background to become a Data Protection Counsel. However, there are added advantages when one has a legal background since issues touching on privacy derive their basis from human rights. The basic requirements of being a Data Protection Counsel are having the skills and technical knowledge in performing the roles of a Data Protection practitioner.
Some of the responsibilities include; advising clients on data protection and privacy laws, implementing data governance framework for data controllers and processors, drafting and reviewing privacy policies and the ancillary, training the management, board members, and staff on data protection.
Please tell us about the Association of Privacy Lawyers in Africa(APLA) in detail!
The Association of Privacy Lawyers in Africa is a non-profit association founded in 2022 with a mission to have a centralized effort towards defining, promoting, and improving the data privacy legal profession in all 54 countries in Africa. It is an invitation-only, selective, and limited membership association of the best African lawyers in data privacy and protection.
The composition of the APLA is aggressively diverse, with recognition of deserving, experienced, and highly qualified lawyers across all practices relating to Data Privacy and Protection.
What are the challenges in implementing the right policies and framework for data governance and compliance?
One of the major challenges is that the law is always lagging behind innovation, hence it tends to be reactive rather than responsive. In that regard, the implementation and uptake of the policies cause a lot of friction due to a lack of awareness of the said policies.
Also, some institutions expressed that they feel over-regulated and hence there is a lack of harmonization on the implementation of such policies as they overlap with internal processes.
As someone inclined toward Legal Tech, how far do you agree that Legal Tech and AI will create more opportunities for lawyers in the coming years?
AI is a fluid area to have a discussion on at the moment, especially in an African context. However, AI will immensely influence and change the practice of law in relation to the time taken to conclude certain tasks. For a tech-savvy lawyer, AI will impact the drafting of commercial agreements, smart contracts, pleadings, and even the general practice of law.
How would you describe your career up till now? Where can we expect you in the upcoming years?
As a woman in legal tech, the future is promising. This is due to its cross-cutting nature and intersectionality in a digital economy. In the coming years, with the knowledge and experience I have gained so far in data protection and cyber-security, I see myself running an International Legal Tech Corporate Consultancy.
Would you like to give some advice to law students?
Know your strengths! Know your craft! It’s either you are obsessed with it or you are out!
