Team size: Five

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

First, it is necessary to identify the scope of the crisis. This requires understanding the depth of the problem and acknowledging its existence. A crisis cannot be resolved without recognising the issue and its legal implications, such as admitting that the company may have breached its obligations. Subsequently, the potential impacts must be assessed, and one or more alternative solutions developed. These options can then be presented, allowing the company to select the course of action that is most appropriate.

Establishing a task force to oversee implementation is highly effective and fosters commitment across different departments.

Adapting to change and remaining flexible will undoubtedly ensure resilience; these are two essential skills in today’s world.

What strategies do you employ to ensure the successful digital transformation of a legal department while maintaining compliance with your country’s data protection laws?

To ensure a successful digital transformation, it is essential to closely monitor developments in the regulatory framework governing data protection. In Ecuador, the novelty of the Personal Data Protection Law places increased responsibility on compliance officers when implementing a digital transformation plan within the department, requiring them not only to assess risks but also to continuously interpret and adapt to the evolving legal framework.

In this context, digital transformation should be designed to enable a clear, efficient, and adaptable modernisation of the legal department and adhere to the principles and standards of personal data protection. This must be achieved through ongoing evaluation of regulatory developments and the careful integration of a robust digital transformation process.

How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation?

General counsel can cultivate a corporate culture that upholds ESG principles and compliance by assuming a proactive leadership role in embedding these values into the organisation’s strategy and operations. This involves establishing clear policies and providing regular training and communication to ensure that all employees appreciate their importance. Furthermore, general counsel should collaborate closely with other leaders to promote transparency through consistent and comprehensive reporting.

Given the current geopolitical shifts and growing uncertainties around international free trade, has your company’s risk profile evolved, and are you taking measures to address these challenges?

There are ongoing geopolitical and domestic challenges that have heightened political risk and uncertainty. In the Ecuadorian context, for instance, there has been a sustained deterioration in security conditions, alongside legal and political uncertainty, which complicates the business environment. These challenges are further compounded by regional risks, such as the situation in Venezuela, which may produce spillover effects on business operations.

In response, several measures have been implemented, including continuous monitoring of key political and geopolitical risks to mitigate potential impacts and identify opportunities. As part of this process, we have updated and reinforced our risk matrix, clearly defining actions, responsibilities, and objectives. In addition, we conduct regular briefings and training sessions on critical issues for our operations, with particular emphasis on security-related matters.

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?

It is essential to conduct a thorough review of the following areas: changes in energy regulations. Ongoing regulatory adjustments, including self-generation obligations for AV1 and AV2 consumers, demand detailed legal analysis in collaboration with specialists in these fields. Additionally, frequent tax reforms may introduce new levies that could impact the company’s operations. Another critical area is the progression of environmental reform proposals in the legislature, which aim to establish new obligations or even sanctions. At the level of the National Assembly, several draft bills concerning prior consultation, water resources, and even popular referenda are also advancing, potentially complicating development within the oil sector. Furthermore, there are proposals to reform labour law, including initiatives specifically targeting the hydrocarbons sector.

How does your team contribute to the overall business strategy of the company? Can you share an example of a recent legal-led initiative that had a significant impact?

Given that the company I represent holds an oil operating contract with the State, one development that has had a positive impact in recent years is the training of public officials on a variety of legal topics. These encompass the scope of new laws and the inclusion of women, persons with disabilities, and those with catastrophic illnesses, as well as conflict management in the energy sector. I believe that, as strategic partners of the State, only through cooperation can we achieve significant results.

Moreover, only a well-trained public official can provide the timely and high-quality responses we require.