Jorge Gavilán Fernández – GC Powerlist
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Chile 2025

Commercial and professional services

Jorge Gavilán Fernández

General counsel Chile and Latam | Sodexo

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Chile 2025

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Jorge Gavilán Fernández

General counsel Chile and Latam | Sodexo

Team size: 22

What are the most significant cases, projects and/or transactions that you and/or your legal team have recently been involved in?

In my professional capacity within a service-oriented company, my role necessitates involvement in numerous cases and situations concurrently. In Chile, recent years have seen the enactment of new regulations that present significant challenges for organisations. Within this framework, I wish to highlight the implementation of several legal provisions relevant to our sector, including the Corporate Criminal Liability Law, the 40-Hour Workweek Law, and the Karin Law. Each of these legislative measures has been adopted as a distinct project within our organisation.

Specifically, regarding the Karin Law, the legal department led a comprehensive implementation initiative. This entailed the development of new internal processes, the integration of additional personnel into the legal function, and robust collaboration with other departments — particularly Human Resources and Safety. Furthermore, a dedicated communication program was deployed across our operational landscape, involving all key stakeholders such as labour unions, clients, and suppliers.

The effectiveness of this initiative has garnered recognition, allowing us to present our implementation experience in various professional forums — especially among clients from the mining and corporate sectors. In many instances, these entities have replicated our best practices, thereby reinforcing the strategic value and contribution of our legal function.

How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?

In times of crisis and instability, the legal function assumes a pivotal role. A corporate counsel, possessing deep insight into the business, is uniquely positioned to assess and determine the risks inherent to a particular crisis. Moreover, they can evaluate and recommend the implementation of appropriate control measures and mechanisms aimed at mitigating such circumstances.

Beyond risk assessment, it is imperative that actions are taken within the framework of the organisation’s compliance protocols — this includes activating crisis management and business continuity committees, as well as proposing and leading mitigation strategies. About legal oversight during these periods, I firmly believe that the cornerstone lies in the ability to anticipate contingencies and operate across diverse scenarios, thereby enabling the organization to adopt the most effective measures to safeguard its interests.

Furthermore, the legal function, in such contexts, plays an instrumental role in the organisation’s communication efforts — both internal and external — and frequently serves as the principal liaison with regulatory authorities and oversight bodies.

Based on your experiences in the past year, are there any trends in the legal or business world that you are keeping an eye on that you think other in-house lawyers should be mindful of?

In my experience, there are several trends we are currently watching very closely, in particular: new regulations and the increase in risk levels, as well as issues related to ESG and corporate responsibility. Regarding new regulations and risks, in-house lawyers are paying close attention to the implementation of laws on data protection, cybersecurity, international tax regulations, and ethics. Additionally, considering the current global situation, we are living in a time of considerable instability and heightened risk. On the other hand, in matters related to ESG and corporate responsibility, we’re seeing a sharp increase in measures and actions that we must evaluate, implement, and report to various market stakeholders. These two areas demand significant attention from in-house legal teams these days.

Looking forward, what trends do you foresee in the legal landscape over the next 5–10 years that companies should prepare for?

Regarding the legal trends I anticipate over the next 5–10 years, they include: the integration of technology and artificial intelligence — legal teams should be proactive in anticipating this shift and the benefits that technology will bring to business, particularly in data management and risk assessment. At the same time, rigorous attention must be paid to ethical and transparency standards that this technology requires. Another is globalisation — although we already live in a globalised and connected world, I believe this area will only deepen in the coming years. Legal teams should evaluate the best ways to leverage globalisation, such as integrating teams from different countries in the pursuit of efficiency and standardisation. Finally, the evolution of compliance — not just as preventive programs, but also as an operational model that extends to all the actors the organisation interacts with, including clients, suppliers, and regulatory authorities.

Jorge Gavilán Fernández - Chile 2024

General counsel Chile and Latam | Sodexo

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