FAQ's BRANDLEX Corporate Webpage
A) About Us:
At BRANDLEX we are a LegalTech Company. We offer technological legal solutions to our clients. We know that each client is unique and requires a legal strategy suited to their own needs. Our solutions are: BRANDLEX Consultancy and BRANDLEX AI Labs.
At BRANDLEX we want to be your Strategic Legal Partner so that you can concentrate on what you do best: Innovate and promote the growth of your company. We understand that every business is unique and has its own challenges, and this is the reason why we tailor our legal services to meet your specific needs.
Our Consulting services are:
📜 Contract Review & Drafting
💡 Protection of Intellectual and Industrial Property
⚖️ Litigation & Trademark Protection
🔒 Data Privacy
✔ Compliance / Regulatory Compliance
👩 Training for in-house Teams
BRANDLEX AI LABS is our generative Artificial Intelligence (AI) laboratory, aimed at generating technological legal solutions that are useful for our clients. This project is a project co-financed with CORFO, together with Fomento Los Ríos and IncubatecUFRO. We invite you to try it on our corporate website.
All the information we receive from our clients is handled in an absolutely confidential manner, complying with the highest parameters of computer security and professional secrecy. For more information, you can access the details in our Data Privacy Policy and the Terms and Conditions that are published on our website.
This will depend on the specific service that is required, but our focus is on Latin American countries.
B) Corporate issues:
Individuals over 18 years of age, adult minors (men from 14 years of age and women from 12 years of age) with special authorization granted by the ordinary justice system and also legal persons may set up a company or company in Chile.
The common requirements for incorporating a company or partnership, whatever its corporate type, are:
- In the case of natural persons, they must be over 18 years of age or adult minors (men from 14 years of age and women from 12 years of age) with special authorization granted by the ordinary Courts and have an ID number.
- In the case of legal entities that want to incorporate another company, have an ID number and sign the legal representative that has been appointed.In the case of foreigners who do not have an ID number, they can apply for a foreign investor’s ID number at the Chilean Servicio de Impuestos Internos (SII).
- Have an Advanced Electronic Signature or, if not, go to a Notary’s Office so that the Public Notary can proceed with your Advanced Electronic Signature.
Yes, you can incorporate a company with foreigners with temporary residence in Chile, but must have a foreign investor’s ID number, which is requested before the Chilean Servicio de Impuestos Internos (SII).
Yes, it is important, because if you do not include all the drafts, they will not appear in the issuance of receipts or invoices of the company or society, which can lead to problems with third parties and also with the Chilean Servicio de Impuestos Internos (SII).
If you have started activities, to dissolve your company or partnership you must first go to the office of the Chilean Servicio de Impuestos Internos (SII) corresponding to the tax domicile, where you must make the declaration. After that, the way to terminate the partnership will depend on the type of company or partnership in question.
C) Intellectual and Industrial Property Issues:
Understood in a broad sense, intellectual property refers to all creations produced by the human mind, including inventions, utility models, trademarks, literary, artistic, scientific works, among others. In this way, the concept includes:
– Industrial Property: protects trademarks, invention patents, utility models, geographical indications and denominations of origin, among others.
– Copyright: protects rights that, by the mere fact of the creation of the work, are acquired by the authors of works of intelligence in the literary, artistic and scientific domains, whatever their form of expression, and the related rights that it determines.
In accordance with the international treaties applicable in Chile and the current regulations on Intellectual Property, copyright does not consider general and abstract ideas as objects of protection, since they are considered to be free and not exclusively appropriable.
A domain name is a resource that allows you to implement certain services over the Internet, such as an e-mail network, a Webpage, file transfer (FTP), e-commerce, among others. When a person registers a .CL domain name, acquires the technical possibility of associating the domain name with a specific computer of their choice.
– Industrial Property: In Chile, the entity for Industrial Property Rights registrations is the National Institute of Industrial Property (INAPI).
– Copyright: In Chile, the Department of Intellectual Rights (DDI) is responsible for the Registry of Copyright and Related Rights.
– Domain names: In Chile, NIC Chile is the entity in charge of administering the registration of .CL, the identifier that corresponds to the ccTLD (country code Top Level Domain) of Chile; and is responsible for operating the technology (DNS) that allows names to work efficiently and securely, so that people, businesses, and institutions can identify themselves on the Internet.
D) Data Privacy and Personal Data Protection Issues:
Personal Data is any information related to a directly or indirectly identifiable individual. It is considered indirectly identifiable if the information can be attributed to an individual by combining it with other data. Some examples of personal data are name, email, resume, family uploads, photographs, IP address, among many others.
It does exist and is called sensitive personal data. They are a special category of personal data whose loss, processing or disclosure without the authorization of its owner may lead to harm and discrimination or harm to an individual. These correspond to personal data referring to health, ethnicity, sexual orientation, or any other personal data that their disclosure may generate discrimination. Some examples are a person’s health record, ethnicity, biometric information such as fingerprint, among many others.
The new Personal Data Protection Law will affect companies of all sizes as well as Chilean public bodies and information referring to Chilean citizens. Therefore, it will have an impact on foreign companies that process data of citizens or people living in this country.
It is recommended to seek legal advice for a design of the compliance process for the new regulations, which includes at least the following steps:
- Understand current policies and procedures for the collection, storage, and sale of personal data.
- Make an assessment of the current state of the company and define the points of improvement to adequate the new law.
- Develop a strategy of the steps to be taken to achieve compliance based on the analysis of the deficiencies.
- Develop updates and mechanisms for compliance with regulations, such as Privacy Policies and Personal Data Processing, website updates, among others.