Gerente de Asuntos Legales | Tigo (Millicom Paraguay)
Nicolás Alberto Acha Mendoza
Gerente de Asuntos Legales | Tigo (Millicom Paraguay)
What are the projects that you are most proud of working on over the past 12 months?
(I) Implementation of Microcredits through Electronic Wallets – Tigo Money in Collaboration with Transcom: Mobile Cash Paraguay S.A. is an entity authorised to operate as a means of electronic payment, whose licence allows it to play a crucial role in the financial ecosystem of the country. The true achievement lies in the collaboration between Mobile Cash and Transcom, another company of the Millicom group, which has enabled the successful development and implementation of the microcredit project, facilitated by the credit institution Transcom through the electronic wallet Tigo Money, aimed at reaching all users digitally and providing access to credit for the less favoured segments. The development of this innovative project ensures that the microcredits granted through the electronic wallet are made under strict legal conditions and in compliance with the principles of financial responsibility, while applying customer knowledge (KYC) criteria in digital means that guarantee transparency in each credit operation. Our work not only involves outlining the legal feasibility of the project but also highlighting the social and financial importance of access to credit in segments of the population that have historically been excluded from the traditional system.
(II) Protection of Intellectual Property Rights at Teledeportes Paraguay S.A.: Teledeportes Paraguay S.A., a subsidiary of the Millicom group, is engaged in the creation, production, and direction of television works for its pay TV channel, Tigo Sports. The company holds all audiovisual, commercial, and television rights related to the football competitions organised by the Paraguayan Football Association, which entails the responsibility of safeguarding the economic rights of the affiliated clubs, thus ensuring high-quality audiovisual content.
Currently, the piracy of pay signals represents a significant threat that undermines the value of audiovisual content. This situation has led our department to implement a multidimensional strategy to combat the illegal provision of content, protecting the intellectual property rights and the economic rights of the company. The strategy deployed by Teledeportes encompasses actions in three areas:
45 simultaneous criminal proceedings across the national territory against companies that illegally trade signals, and two cases have been elevated to oral trial that are currently in process, seeking to sanction those responsible for piracy.
Modification of the marketing model for Tigo Sports content, eliminating licensing contracts in content distribution, implementing a new sales distribution model based on the commercialisation of the TIGO SPORTS signal application, with due justifications focused on defending competition to the Antitrust Commission.
An integrated campaign “StopPirateríaPy” was launched, featuring active spokespersons and a presence on social media, as well as the dissemination of messages in football stadiums, with the aim of raising awareness among citizens about the impact of piracy.
Based on your experiences in the past year, are there any trends in the legal or business world, specific to Paraguay, that you are keeping an eye on that you think other in-house lawyers should be mindful of?
(I) Increase in Regulations and the Role of the Compliance Officer: In Paraguay, there is a trend towards integrating into the global context, where more and more companies must face a complex and constantly evolving regulatory landscape. This is due to the growing concern for transparency and business ethics, as well as the fight against money laundering, fraud, and the misuse of private data, which brings the role of the compliance officer to the forefront as essential for supervising adherence to applicable regulations in various areas, such as data protection, corporate responsibility, and anti-money laundering legislation. In Paraguay, the money laundering regulations and the pending legislation in Congress involve the incorporation of this figure, which implies not only a reactive role but also a proactive one in the design, implementation, and monitoring of compliance programmes. It requires staying updated on legislative changes, as non-compliance can result in severe penalties and damage to the company’s reputation.
(II) Complementarity with Artificial Intelligence: Artificial intelligence (AI) is revolutionising the way legal tasks are performed. Its ability to analyse large volumes of data and extract patterns can be used to identify legal risks, conduct due diligence, and facilitate informed decision-making, at least on a preliminary basis. In this context, in-house lawyers must understand how AI can be integrated into their daily operations to enhance efficiency and effectiveness. For example, AI tools can conduct contract analyses, identify potentially problematic clauses, and suggest modifications. This allows lawyers to spend more time on strategic tasks and less on repetitive work. Moreover, the use of AI can facilitate regulatory compliance, as alerts can be automatically set up for legislative changes that affect the company. Therefore, collaboration between legal professionals and technology is crucial to remain competitive in the changing business environment, optimising processes and improving the quality of legal advice.
What are some key attributes every in-house lawyer should possess?
The in-house lawyer must have a solid legal knowledge of all branches of law and a perfect understanding of the regulations governing the industry in which their company operates. They must be capable of effectively communicating complex legal issues so that other members of the company without legal knowledge can comprehend laws or court rulings that affect the business. It is essential that they understand that organisations have objectives that all areas must align with in order to achieve them and guide the business towards meeting its goals, for which they must also understand the business itself. They must have a proactive approach to engage with all areas of the company to identify potential legal contingencies proactively and work towards creative solutions that add value to the company. The business environment is very dynamic, so they must be able to develop strategies that provide regulatory alerts to discuss possible emerging regulations and policies that may impact the company in all possible forums. The ability to handle multiple internal issues is vitally important in order to provide timely legal assistance to all areas that need it. It is fundamental to possess the ability to work as a team and to organise oneself to collaborate effectively across human resources, finance, sales, and operations.