Carmen De la Cruz
Office:
Industriestrasse 7
6300
City:
Zug
State:
Zug
Country:
Switzerland
Tel:
+41 41 710 28 50

Questions and Answers:

Who's Who Legal Thought Leaders - Data

Carmen de la Cruz, attorney-at-law and notary public, is founder and partner at de la cruz beranek Attorneys at Law, a corporate law firm specialised in IT, information and communication law. She advises clients in the fields of block chain, data privacy, artificial intelligence, outsourcing and new technologies. Carmen graduated from the University of Fribourg and holds a federal degree in IT and economics, and a degree as IT security expert of the German Federal Office for Information Security.

WHAT PROMPTED YOU TO MOVE FROM WORKING IN-HOUSE TO STARTING YOUR OWN FIRM?

The possibility to do what I most liked and still like – technology law – and work with interesting clients was a fascinating path. I got the opportunity to find out whether building up my own clients within the fields of technology and law may work, which it did.

HOW DOES YOUR IN-HOUSE EXPERIENCE BENEFIT YOUR CURRENT PRACTICE?

During years and years of in-house practice I got to know what clients need: advice; in-depth knowledge on subject matters; and answers. With this experience in mind, I try to cover the customer’s needs that may differ depending on the challenges they are facing. In most of the situations, in-house legal counsels are very well qualified and experienced and know their business by heart. The challenge is to get to that level of expertise but by adding knowledge from other sources, branches in order to enrich the in-house lawyer’s scope and help to cover open topics. This is a collaboration that has a strong service-oriented aspect that I try to bring in out of my own experience.

WHAT ARE THE MAJOR CONCERNS AFFECTING YOUR CLIENTS AT THE MOMENT?

From a European and Swiss perspective the implementation of the new European Privacy rules have highest priority. Clients seek support and advice to be compliant and to avoid further problems and potentially fines in the future. Together with the new data privacy rules, clients also care about updates on their contract templates, processes, etc. Besides that, digitalisation and standardisation cause more general issues of compliance with existing rules: what might have been applicable and fit well to the existing world, does not correspond to digital needs. Workarounds or new set-up of processes need to be considered together with the client.

OPAQUENESS IN THE WORLD OF CRYPTOCURRENCY HAS LED TO SOME CRITICISM IN RECENT MONTHS. WHAT CAN BE DONE TO REMEDY THIS SITUATION?

There are solutions in the market to provide more transparency on the origin of sources as well as on limitation of misuse. To grow further, the existing financial system needs to connect more with cryptocurrencies and blockchain-based business. That is only possible if certain standards of good practice are guaranteed and controlled. Furthermore, we recommend our clients to discuss their business cases and White Papers with the regulators in order to request for the corresponding permits if needed.

WHAT IMPACT DO YOU EXPECT REGULATION TO HAVE ON THE ICO MARKET?

There will be more rules especially on anti-money laundering and further transparency rules on (digital) crime prevention. The ICO market may therefore give less room for speculation but more on new and disruptive business cases.

HOW WILL SELF-DEVELOPING BIG DATA SOFTWARE CHANGE THE WAY THE DATA MARKET OPERATES?

The first discussions on how these codes work and to whom rights (IP) and responsibilities may be linked have started and will continue. In order to keep relation between functionalities and results a context may have to be put in place. The need for a discussion on intellectual property rights in these fields will also continue. To make self-developing possible means to make data resulting from development available to a broader community. However, the question to whom this new intellectual property may belong to has been resolved – nor has the issue of liability.

HOW STRONG IS THE COMPETITION IN THE LEGAL MARKET AT THE MOMENT?

Competition due to standardisation and automating leads to pressure on prices. At the same time, new regulatory requirements lead to more work and the need for well-qualified lawyers. Automating will replace part of today’s lawyer’s work. However, new demands may not be covered by standards immediately and may require new solutions. There may be new professions between legal and IT to develop more tools and software/platforms to cover general needs replacing rather recurring work. Furthermore, products for smaller law firms containing all necessary tools may also be further developed.

WHAT IS YOUR GREATEST ACHIEVEMENT TO DATE?

It is a great achievement to have set up and expanded a specialised law firm being able to satisfy customer needs independently in whatever technical fields and in whatever country they occur in a rather short time. We are looking forward working within the industry leaders on new projects in new technical fields.

Who's Who Legal Thought Leaders - Switzerland

Carmen De la Cruz, attorney-at-Law & notary public, is Founder and partner at de la cruz beranek Attorneys at Law Ltd, a corporate law firm specialised in IT, information and communication law. She advises her clients in the fields of block chain, data privacy, artificial intelligence, outsourcing and new technologies. Carmen graduated from the University of Fribourg (CH) and holds a federal degree in IT and economics, and a degree as an IT security expert of the German Federal Office for Information Security.

DESCRIBE YOUR CAREER TO DATE.

After a master’s degree in law at the University of Fribourg, and the bar exam, I worked for many years as an in-house counsel for a leading financial service provider, as well as for telecommunications providers. As general counsel in the area of infrastructure, I supported in the fields of corporate and infrastructure law before starting to advise clients as a partner of law firms specialising in IT and telecommunications. 

WHAT IS THE MOST MEMORABLE CASE YOU HAVE WORKED ON? 

There have been a lot of different very memorable and interesting cases I have worked on during my professional life, such as important mergers and acquisitions, regulatory cases in Switzerland and outsourcing litigations. Recently I have acted as a data protection professional and external data protection officer for international clients.  

WHAT ADVANTAGES DOES WORKING IN A BOUTIQUE FIRM HAVE FOR LAWYERS AND THEIR CLIENTS? 

The focus on technology matters with specialists allows me and my team to advise in-depth on data protection, IT, telecommunications and related regulatory matters. The full flexibility of a highly specialised team allows us to act quickly and to satisfy customer needs based on business know how and interesting commercial arrangements. 

YOU CO-FOUNDED DE LA CRUZ BERANEK ATTORNEYS AT LAW IN 2012. WHAT ADVICE WOULD YOU GIVE TO PRACTITIONERS LOOKING TO SET UP THEIR OWN FIRM?

Try, go out, try to get your own customers. Only by doing so may someone find out whether or not you will be able to build up a customer base. If an employer does not allow any customer contact, then it may be time for a change. 

WHAT SKILLS DO CLIENTS LOOK FOR WHEN SELECTING A DATA PROTECTION AND IT LAWYER? 

Customers have a need for highly skilled, flexible advice close to business needs. Most clients have dedicated teams already and are looking for additional know how and support in certain areas. 

WHAT ARE THE MAIN LEGAL CHALLENGES ASSOCIATED WITH CLOUD COMPUTING? 

With cloud computing, customers use third-party services such as infrastructure without having full control over it, so rights and obligations between the parties need to be described very carefully. A cloud computing partner may have to be chosen based on the applicable law depending on the legal and business needs. 

TO WHAT EXTENT HAVE INCREASING COMPLIANCE STANDARDS CHANGED THE NATURE OF YOUR PRACTICE?

Compliance in a broad sense has a more and more significant influence on business structures and customer costs. It is the task of the lawyer to have an in-depth knowledge about ongoing regulation, and to find ways for a compliant implementation allowing customers to successfully do business. 

IN LIGHT OF GDPR AND NEW EUROPEAN PRIVACY RULES, HOW DO YOU EXPECT THE LEGAL MARKET TO DEVELOP OVER THE NEXT FIVE YEARS?

Data protection has increased the level of compliance but also internationalised the legal market even more. The scope of GDPR, being applicable outside the EU, makes it important to work together more frequently, to have a better understanding of legal developments and to implement tools and applications to comply with legal requirements.

Biographies:

Who's Who Legal Data: Data Security

Carmen De la Cruz is a founding partner with de la cruz beranek Attorneys at Law Ltd, a corporate law firm specialised in the fields of IT, information and communication law including but not limited to blockchain including crypto-currencies and ICOs, data protection, artificial intelligence, outsourcing as well as licensing.

Carmen worked for many years as inhouse counsel for one of the leading financial service providers as well as for telecommunication providers. As general counsel in the area of infrastructure, she supported in the fields of corporate and infrastructure law. She advises her clients in the fields of information and communications law, intellectual property (IP) law, data protection law and all matters related to it based on her experience as in-house lawyer and external adviser in legal and regulatory fields. Acting also as notary public Carmen advises her clients in transactions in the fields of information and communication technology.

Within her practice, she has been an active member of different practice groups on technology matters where new legalisation on telecommunication and information law were developed. Carmen is an elected member of the Federal Arbitration Commission on the administration of IP rights and related rights dealing with collective IP rights. Furthermore, she is an active member of the International Technology Law Association (ITechLaw), a leading member of the practice group on sourcing and cloud of the largest Swiss IT associations, swissICT, as well as the Crypto Vally Association and the legal group on technology law and member of the legal practice group on lawful interception of asut (Swiss Telecommunications Association).

Carmen graduated from the University of Fribourg iUe (with a joint degree in European law in bilingual German and French). She is a registered notary public of the canton of Zug and admitted to the Bar. Furthermore, Carmen holds a federal degree in IT and economics and a degree as German IT security expert of the German Federal Office for Information Security and has different diplomas on IT matters such as IT management, cloud computing and IT security from the University of Applied Science and Arts Northwestern Switzerland FHNW.

Carmen lectures as a specialist on information technology law and compliance at different universities such as the University of Applied Science and Arts Northwestern Switzerland FHNW, Zurich University of Applied Science as well as the executive school of management, technology and law, at the University of St Gallen.

de la cruz beranek Attorneys at Law Ltd is one of the leading IT boutique law firms in the so called Crypto Valley Zug with an ecosystem for blockchain technology. With its strong focus on legal and regulatory matters in the fields of information technology de la cruz beranek Attorneys at Law Ltd is linked to the industry not only by giving legal advice but also by support based on specific education in the matters of information technology. All partners of de la cruz beranek Attorneys at Law Ltd have experience as in-house counsel and support customers on legal matters covering also in-house needs and requests. 

WWL says: Carmen de la Cruz is known for her impressive work on cyber security matters, an area in which she is recognised by peers for her strong regulatory knowledge. 

This biography is an extract from Who's Who Legal: Data which can be purchased from our Shop.

Who's Who Legal Data: Data Privacy and Protection

Carmen De la Cruz is a founding partner with de la cruz beranek Attorneys at Law Ltd, a corporate law firm specialised in the fields of IT, information and communication law including but not limited to blockchain including crypto-currencies and ICOs, data protection, artificial intelligence, outsourcing as well as licensing.

Carmen worked for many years as inhouse counsel for one of the leading financial service providers as well as for telecommunication providers. As general counsel in the area of infrastructure, she supported in the fields of corporate and infrastructure law. She advises her clients in the fields of information and communications law, intellectual property (IP) law, data protection law and all matters related to it based on her experience as inhouse lawyer and external adviser in legal and regulatory fields. Acting also as notary public Carmen advises her clients in transactions in the fields of information and communication technology.

Within her practice, she has been an active member of different practice groups on technology matters where new legalisation on telecommunication and information law were developed. Carmen is an elected member of the Federal Arbitration Commission on the administration of IP rights and related rights dealing with collective IP rights. Furthermore, she is an active member of the International Technology Law Association (ITechLaw), a leading member of the practice group on sourcing and cloud of the largest Swiss IT associations, swissICT, as well as the Crypto Vally Association and the legal group on technology law and member of the legal practice group on lawful interception of asut (Swiss Telecommunications Association).

Carmen graduated from the University of Fribourg iUe (with a joint degree in European law in bilingual German and French). She is a registered notary public of the canton of Zug and admitted to the Bar. Furthermore, Carmen holds a federal degree in IT and economics and a degree as German IT security expert of the German Federal Office for Information Security and has different diplomas on IT matters such as IT management, cloud computing and IT security from the University of Applied Science and Arts Northwestern Switzerland FHNW.

Carmen lectures as a specialist on information technology law and compliance at different universities such as the University of Applied Science and Arts Northwestern Switzerland FHNW, Zurich University of Applied Science as well as the executive school of management, technology and law, at the University of St Gallen.

de la cruz beranek Attorneys at Law Ltd is one of the leading IT boutique law firms in the so called Crypto Valley Zug with an ecosystem for blockchain technology. With its strong focus on legal and regulatory matters in the fields of information technology de la cruz beranek Attorneys at Law Ltd is linked to the industry not only by giving legal advice but also by support based on specific education in the matters of information technology. All partners of de la cruz beranek Attorneys at Law Ltd have experience as in-house counsel and support customers on legal matters covering also in-house needs and requests. 

WWL says: Carmen de la Cruz is a well-respected lawyer who is highlighted by peers for her "great experience in data protection and privacy matters".‚Äč

This biography is an extract from Who's Who Legal: Data which can be purchased from our Shop.

Who's Who Legal Data: Information Technology

Carmen De la Cruz is a founding partner with de la cruz beranek Attorneys at Law Ltd, a corporate law firm specialised in the fields of IT, information and communication law including but not limited to blockchain including crypto-currencies and ICOs, data protection, artificial intelligence, outsourcing as well as licensing.

Carmen worked for many years as inhouse counsel for one of the leading financial service providers as well as for telecommunication providers. As general counsel in the area of infrastructure, she supported in the fields of corporate and infrastructure law. She advises her clients in the fields of information and communications law, intellectual property (IP) law, data protection law and all matters related to it based on her experience as in-house lawyer and external adviser in legal and regulatory fields. Acting also as notary public Carmen advises her clients in transactions in the fields of information and communication technology.

Within her practice, she has been an active member of different practice groups on technology matters where new legalisation on telecommunication and information law were developed. Carmen is an elected member of the Federal Arbitration Commission on the administration of IP rights and related rights dealing with collective IP rights. Furthermore, she is an active member of the International Technology Law Association (ITechLaw), a leading member of the practice group on sourcing and cloud of the largest Swiss IT associations, swissICT, as well as the Crypto Vally Association and the legal group on technology law and member of the legal practice group on lawful interception of asut (Swiss Telecommunications Association).

Carmen graduated from the University of Fribourg iUe (with a joint degree in European law in bilingual German and French). She is a registered notary public of the canton of Zug and admitted to the Bar. Furthermore, Carmen holds a federal degree in IT and economics and a degree as German IT security expert of the German Federal Office for Information Security and has different diplomas on IT matters such as IT management, cloud computing and IT security from the University of Applied Science and Arts Northwestern Switzerland FHNW.

Carmen lectures as a specialist on information technology law and compliance at different universities such as the University of Applied Science and Arts Northwestern Switzerland FHNW, Zurich University of Applied Science as well as the executive school of management, technology and law, at the University of St Gallen.

de la cruz beranek Attorneys at Law Ltd is one of the leading IT boutique law firms in the so called Crypto Valley Zug with an ecosystem for blockchain technology. With its strong focus on legal and regulatory matters in the fields of information technology, de la cruz beranek Attorneys at Law Ltd is linked to the industry not only by giving legal advice but also by support based on specific education in the matters of information technology. All partners of de la cruz beranek Attorneys at Law Ltd have experience as in-house counsel and support customers on legal matters covering also in-house needs and requests. 

WWL says: Carmen De la Cruz is a leading IT lawyer recognised for her superb work in both the Swiss and international markets. She is considered an expert in the field, particularly when it comes to cloud computing.

This biography is an extract from Who's Who Legal: Data which can be purchased from our Shop.

Who's Who Legal Switzerland - TMT

Carmen De la Cruz is a founding partner with de la cruz beranek Attorneys at Law Ltd, a corporate law firm specialised in the fields of IT, information and communication law including but not limited to blockchain including crypto-currencies and ICOs, data protection, artificial intelligence, outsourcing as well as licensing.

Carmen worked for many years as inhouse counsel for one of the leading financial service providers as well as for telecommunication providers. As general counsel in the area of infrastructure, she supported in the fields of corporate and infrastructure law. She advises her clients in the fields of information and communications law, intellectual property (IP) law, data protection law and all matters related to it based on her experience as in-house lawyer and external adviser in legal and regulatory fields. Acting also as notary public Carmen advises her clients in transactions in the fields of information and communication technology.

Within her practice, she has been an active member of different practice groups on technology matters where new legalisation on telecommunication and information law were developed. Carmen is an elected member of the Federal Arbitration Commission on the administration of IP rights and related rights dealing with collective IP rights. Furthermore, she is an active member of the International Technology Law Association (ITechLaw), a leading member of the practice group on sourcing and cloud of the largest Swiss IT associations, swissICT, as well as the Crypto Vally Association and the legal group on technology law and member of the legal practice group on lawful interception of asut (Swiss Telecommunications Association).

Carmen graduated from the University of Fribourg iUe (with a joint degree in European law in bilingual German and French). She is a registered notary public of the canton of Zug and admitted to the Bar. Furthermore, Carmen holds a federal degree in IT and economics and a degree as German IT security expert of the German Federal Office for Information Security and has different diplomas on IT matters such as IT management, cloud computing and IT security from the University of Applied Science and Arts Northwestern Switzerland FHNW.

Carmen lectures as a specialist on information technology law and compliance at different universities such as the University of Applied Science and Arts Northwestern Switzerland FHNW, Zurich University of Applied Science as well as the executive school of management, technology and law, at the University of St Gallen.

de la cruz beranek Attorneys at Law Ltd is one of the leading IT boutique law firms in the so called Crypto Valley Zug with an ecosystem for blockchain technology. With its strong focus on legal and regulatory matters in the fields of information technology, de la cruz beranek Attorneys at Law Ltd is linked to the industry not only by giving legal advice but also by support based on specific education in the matters of information technology. All partners of de la cruz beranek Attorneys at Law Ltd have experience as in-house counsel and support customers on legal matters covering also in-house needs and requests. 

WWL says: Carmen De la Cruz is noted for her outstanding expertise in IT and regulatory matters. She has a particular aptitude for cross-border issues pertaining to internet law.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

Follow us on LinkedIn

Practice Areas

Firms

Browse Firms

Search Firms

The Who's Who Legal 100

Awards

News & Features

Special Reports

Events

Shop

About Us

It is not possible to buy entry into any Who's Who Legal publication

Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

Copyright © 2019 Law Business Research Ltd. All rights reserved. | http://www.lbresearch.com

87 Lancaster Road, London, W11 1QQ, UK | Tel: +44 20 7908 1180 / Fax: +44 207 229 6910

http://www.whoswholegal.com | editorial@whoswholegal.com

Law Business Research Ltd

87 Lancaster Road, London
W11 1QQ, UK