INDUSTRIES:
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Bureaucratic Barriers & Regulatory Improvement
Businesses are often subject to government controls and measures that regulate production and marketing of goods and services.
However, public administration bodies and State-Owned Companies may impose inconsistent or illegal requirements, prohibitions, conditions or charges, impairing economic activities. In these cases, Indecopi´s Regulatory Oversight Commission has become an effective tool to remove red tape by securing the non-application of such regulation.
In addition, over the last few years, ex-ante rulemaking control mechanisms have been implemented to simplify procedures and promote smart regulation. Both Quality Impact Assessment and Regulatory Impact Assessment are expected to bring more efficient and transparent regulations by cost-effective and market-based approaches.
Our firm makes use of different available regulatory control strategies, through a multidisciplinary approach, anticipating potential threats to our clients´ activities.
Our Services:
Technology enables the creation of innovative ideas, producing tools and business models that influence human behaviour and consumption habits. The global health crisis caused by
Covid-19 has accelerated digital transformation. Regulatory authorities are facing the challenge of regulating these new forms of human interactions and doing business based on
intelligent technologies. These rapid and complex developments increase the risk of rulemaking that fails to meet sound regulatory practices, undermining the benefits that emerging technologies may bring. We advise our clients to find an effective way to operate in this environment, ensuring that practices are compliant with the legal framework and harnessing the advantages of digital innovation.
- Regulatory strategies for designing new business models based on emerging technologies.
- Development and licensing contracts of applications.
- Digitisation of contracts and customer service channels.
- Electronic signatures.
The firm possesses unique experience in designing and implementing strategies to remove inconsistent regulations (bureaucratic barriers), through alternative problem-solving approaches. Our team consists of legal professionals specialized in rulemaking and regulatory strategies as well as economists and Business Process Management engineers who can address complex issues regarding market-restrictive obstacles. We are familiar with the regulatory mechanisms available by the Presidency of the Council of Ministers, the Ministry of Foreign Trade and Tourism, among other rulemaking authorities.
- Regulatory design strategies.
- Intergovernmental controls for administrative simplification.
- BPM applied to administrative procedures.
Market-restrictive red tape can be removed through a special administrative procedure before Indecopi´s Oversight Regulatory Body (ORB). As a result, companies may secure the non-application of those inconsistent regulations that negatively impact business competitiveness. We have constantly stood out as a leading Law Firm in this field. Together our partners have served more than 7 years at Indecopi´s ORB, either as commissioners and as members of its Technical Secretariat, and they have contributed to shape the ORB´s current design and functions. Our performance excellence and track record is also reflected in the research and publications we undertake, the conferences we participate in, as well as in our contributions to the academic field at various universities in the country.
By combining regulatory legal theory, economics, and Business Process Management, our
firm identifies regulatory weaknesses through the application of Regulatory Quality Analysis and Regulatory Impact Analysis methodologies.
When great complexity arises, we provide guidance and technical assistance to other law firms or private organisations who deliver services regarding the elimination of bureaucratic barriers, administrative simplification, or regulatory improvement.
- Assessment to Identify bureaucratic barriers.
- Preparation of claims, objections, and other documents to be submitted to Indecopi´s ORB.
- Legal opinions such as the support for the preparation of briefs or reports.
- Negotiation, drafting, and review of commercial contracts.
Team:
Alfredo Lindley-Russo
Partner