Diego Fernández
Argentina
  • PositionPartner
  • FirmMarval O'Farrell & Mairal
  • Age39
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Diego Fernández

Diego Fernández

Argentina
  • Position: Partner
  • Firm: Marval O'Farrell & Mairal
  • Age: 39

Professional history

I joined Marval O’Farrell & Mairal in 2003 and have been a member of the firm’s IP group since then. During 2013 I pursued an LLM degree in IT and privacy law from the John Marshall Law School in Chicago. Immediately after and during 2014, I worked as visiting foreign counsel with Foley & Lardner in Chicago office. I rejoined Marval in February 2015.

What do you do?

I am actively involved in a wide range of projects that have a data component, from M&A transactions to outsourcing agreements, and from privacy corporate practices to complex international data transfers.

Career highlights?

I have participated in some high-level transactions in which data processing was the driver, and which demanded coordination of the deal in the Latin American region. I have also counselled software developers in the integration of privacy by default and by design into their ongoing businesses to comply with regulations in South America. I have also participated in large outsourcing projects involving heavy negotiations and multiple jurisdictions, and some complex bank acquisitions in which not every consent was in place – which triggered creative ways in performing the transaction and also post-closing practices.

Advice for young lawyers?

I would definitely encourage young lawyers to specialise in this area of the law. I do think that data will continue to fuel economies and will become even more important than what it already is. Perhaps they will need to adapt to a less traditional approach, meaning becoming more involved in the businesses practices and providing even more practical approaches.

If you hadn’t been a lawyer...

I always wanted to have a small hostel in the Argentine Patagonia, serving foreign tourists and getting into conversations with them.

Most significant current trend in your jurisdiction?

Argentina is rethinking its Data Protection Law. The draft bill to a large extent resembles the provisions of the GDPR and seeks, among other things, to keep Argentina’s declaration of adequacy by the EU.

What do you do to relax?

I run – as much as I can. As I am not playing rugby anymore, running clears my mind in a way that no other activity does. I also try to spend as much time as possible with my wife and three kids.