Carmen De la Cruz

LEXcellence AG

Zug www.lexcellence.swiss/en

delacruz@lexcellence.swiss Tel: +41 41 521 80 00

Biography

Carmen De la Cruz is a technology lawyer and notary public based in crypto valley / Zug in Switzerland. Carmen has worked for many years as an IT lawyer in tech and telecommunciation companies before starting her own business. Carmen’s focus is on new technologies such as AI, IOT or blockchain linked with all commercial activities. With her broad experience in technology, data protection, commercial law etc. she supports clients to start, grow and develop business.

What do clients look for in an effective data lawyer?

In general, in-depth know how on AI and on the hard and software side are very important for customers. Although common knowledge of what data is, may be known. However, to be able to support customers with all possible means, it is necessary to have know-how regarding AI systems, neural networks, deep learning, AI ecosystem, etc.

What data trends have been most prominent during the past year?

There is a trend towards more analysis and use of data to do marketing and product development. There is also a tendency to use cloud services to extend services and combine it with new techniques such as deep learning to gain more insights and set up new products. Last but not least, there is also a trend to regulate further as AI systems may also pose a certain threat to society depending on the way these are put in place.

How can rising instances of ransomware and other cyberattacks be effectively addressed by clients?

Customers need to put adequate operational and technical measures in place to move forward. Data helps to drive analysis further and be faster in detecting malware and attacks. However, as it is an industry behind, customers and suppliers need to constantly work on the corresponding analysis of patterns, data, etc. to avoid further attacks. Last but not least new parts of business activities need to be included in the analyses that are operational Services (OT). Data gained out of the OT area need to be further explored as attacks do not stop at the IT network as such.

What are the biggest data threats your clients currently face, and how are you helping tackle them?

As mentioned above, security issues related to data are one of the biggest threats for customers in general. Furthermore, the connectivity – including but not limited to the offering of services – may be attacked as well. Breach of security may also lead to data protection issues, which are in scope of customers’ measures to protect as well.

How do you stay informed and up to date with the latest technological advances?

Newsletters, conferences and continuous education provide the necessary background. Furthermore, we have access to a large network of experts in the technical and legal area to support customers from a Swiss and international perspective.

How do you see the AI regulatory frontier developing over the next five years?

The proposed EU regulation will have a significant impact on the global regulatory framework of AI services. However, a lot of aspects are still open and need to be discussed such as human rights, including but not limited to the rights of individuals related to consumer protection and civil rights.

In a global environment of increased data regulation and legislation, what are the levels of enforcement from authorities looking like?

So far Switzerland does not seem to aim for an extended regulatory framework. However, based on the experience of the past, Switzerland may be influenced significantly by the EU regulation and regulate AI systems in a similar way.

From a global perspective, the EU regulation and enforcement with its focus on extraterritorial scope of the legislation will have a significant impact on global markets. Companies around the world will be obliged to follow EU rules if they want to access and provide services on the EU market.

What is the best piece of advice you’ve ever received?

Concentrate on your passion and services – and go for it!

WWL says: Carmen De la Cruz wins plaudits as “an active and very well-regarded data privacy and IT specialist”, with peers commending her “strong technical skills and business understanding”.