Interview: Julio Martínez, Equifax Regional Legal Director, on law and technology

"There is a knowledge gap between law and technology"
 

Latin Counsel interviews Julio Martínez, a lawyer specialised in technology, data and data protection, on the legal challenges facing Central America in an environment where innovation is advancing faster than many regulatory frameworks.

Drawing on his regional experience at companies such as Microsoft and Equifax, his work as a judicial trainer and his academic role, Martínez discusses the challenge of being an "evangelist" for technology law in a region where, only a decade ago, specific regulation on data and technology remained limited.

He also addresses the urgent need to modernise data protection laws, the role of lawyers from the earliest stages of technology product development, El Salvador’s institutional progress in digital matters, and the need to train professionals capable of combining legal judgement, technical knowledge and continuous learning.

LATIN COUNSEL: What moment or experience marked your decision to become a lawyer?

Julio Martínez: For as long as I can remember, I wanted to be a lawyer. This profession always caught my attention and I saw it as something I could do with ease. I think my personality is very versatile and resilient, something that a legal career requires. I also always liked resolving situations from a legal perspective.

LATIN COUNSEL: Had you not chosen law as a profession, what would you be doing today and why?

Julio Martínez: I would probably have gone into technology. It is a subject I liked and I think I would have done well in it.

LATIN COUNSEL: Throughout your career, what has been the most challenging aspect of leading legal affairs for a technology company in Central America?

Julio Martínez: I think one of the challenges is the general lack of knowledge regarding the relationship between law and technology. Explaining the convergence between law and technology has sometimes been a challenge, especially in a regulated sector, as has influencing laws so that they become more dynamic and are not so far removed from the reality between law and technology. I think the biggest challenge has been to be an evangelist on the subject, although I have done so with great determination since my beginnings as a technology lawyer 15 years ago.

LATIN COUNSEL: How would you describe the role of the modern lawyer in an environment dominated by technology and data?

Julio Martínez: I believe that the modern lawyer working with technology and data must have broad knowledge of several branches of law, solid judgement to issue recommendations in scenarios that traditional laws may not address, and the ability to mitigate legal, reputational and commercial risks.

LATIN COUNSEL: From your experience at Equifax, what do you consider to be the greatest legal challenge in data protection in the region?

Julio Martínez: I think each country has particular challenges regarding data protection. Some countries already have a regulated data protection framework, but these regulatory frameworks should be reviewed at least every 24 months. The duty of those of us lawyers who work fully in this field is to share the knowledge and experience gained from working in real life in the digital environment, so that all of this can help inform good decisions to change or modernise data protection laws.

LATIN COUNSEL: How do you balance technological innovation with regulatory compliance?

Julio Martínez: A key factor that helps a lawyer reach that balance between regulatory compliance and innovation through products involving data and technology is the level of involvement the lawyer has from the beginning of the creation of a product or the implementation of a technology. Understanding that part is crucial for achieving the right balance.

LATIN COUNSEL: What skills do you consider essential for lawyers who want to specialise in new technologies law?

Julio Martínez: Solid legal foundations, obviously being familiar with technology either as a user or having some degree of knowledge through courses or certifications, and above all, curiosity to learn every day.

LATIN COUNSEL: You are also a judicial trainer at the Supreme Court of Justice of El Salvador. How prepared do you consider the judicial system to be for current technological challenges?

Julio Martínez: I started in 2020, supporting an interesting initiative of the Supreme Court of Justice. I found it extremely interesting that judges and magistrates were genuinely interested in the subject. Since the year I mentioned, El Salvador has undergone regulatory changes aimed at the general modernisation of the country, and the judicial system has not been the exception. For example, there is now a platform for lawyers at the Supreme Court of Justice through which you receive notifications, and, for example, as a notary you now send your scanned protocol with a digital signature to be safeguarded by the Notarial Section, streamlining processes and, above all, modernising them.

LATIN COUNSEL: What technology law issues generate the most interest or doubts among judges and justice operators?

Julio Martínez: From my experience teaching the courses, there were two topics that caught their attention. The first was cloud services contracts, where we had the opportunity to review clauses that, in some cases, were completely new to them. The second was the preservation of digital evidence or the way of obtaining and investigating a possible offence through the use of information technologies.

LATIN COUNSEL: As a guest lecturer at the Escuela Superior de Economía y Negocios, what do you seek to transmit to new generations of professionals?

Julio Martínez: After five years teaching, I try to transmit three things to them: be curious; refine their legal opinions and judgement when working in technology and law; and educate themselves constantly.

LATIN COUNSEL: How does your legal training complement your Master’s in Business Administration in strategic decision-making?

Julio Martínez: I think this was a decision that marked a difference in my professional life. I believe the curriculum of the university where I completed my master’s degree was very beneficial for me, as it allowed me to broaden my knowledge and combine my professional training. This has been decisive in my role as an in-house lawyer, since at times I have had to help the business make purely economic decisions, but with a lawyer’s judgement, which I believe has contributed to a positive impact.

LATIN COUNSEL: What impact did your training in information security and the SEC 301 certification from the SANS Institute have on you?

Julio Martínez: In 2017, when these topics were not yet trending, the company I worked for at the time decided to specialise a group of six lawyers in Latin America and sent us to take this intensive course. At first, the impact was limited because in Latin America it was not very clear that lawyers should be involved in these matters. But as time has passed, I have had the privilege of having this knowledge and being able to share it in different countries of the region and disseminate it among decision-makers. The truth is that it helps me in my day-to-day role supporting the security and technology team. Also, throughout my career, I have been able to support decision-makers in the creation of laws, technical regulations, and so on.

LATIN COUNSEL: At the time, in your role as regional lawyer for Microsoft, what was your greatest lesson and your greatest challenge?

Julio Martínez: I think one of the greatest lessons was the technical education I had the opportunity to obtain, through different courses such as those at the SANS Tech Institute, as well as all the internal training available to properly represent the interests of that company in the countries where I was entrusted with certain activities always related to technology and law. I think the greatest challenge at that time was being a spokesperson for a field that, at least in Central America, was hardly practised or did not have specific regulation between law and technology. Of course, we are talking about 10 to 12 years ago, when people spoke more about consumer law than about data, its regulation and the regulation of technology.

LATIN COUNSEL: You are currently a candidate for the CIPP-US certification from the International Association of Privacy Professionals. Why is this accreditation important for your career and for the region?

Julio Martínez: It is what I have always pursued in my career: continuing to educate myself. This challenge is important to complete in the medium term because an accreditation like this helps me reaffirm the path I decided to take in 2011, when I fully dedicated myself to law and technology in real-life practice.

LATIN COUNSEL: From your role as Regional Legal Director, what criteria do you value most when deciding which external law firms to work with?

Julio Martínez: That they have lawyers who speak the same language, who care about learning the business so that they can later represent us solidly when needed. An important factor is also the honesty with which they carry out the tasks entrusted to them and the reputation of the firm.

LATIN COUNSEL: What weight do international legal rankings — such as Chambers, Legal 500 or others — carry for you when selecting or evaluating firms, and how do you complement them with your own professional experience?

Julio Martínez: When you go to a country where you need legal advice and have little knowledge of law firms, it is very likely that you will go directly to the Chambers or Legal 500 directory to review practice areas and the comments made by their clients.

LATIN COUNSEL: From your role at the American Chamber of Commerce of El Salvador, what progress would you highlight in cybersecurity and data protection?

Julio Martínez: I believe the American Chamber of Commerce of El Salvador has been the pioneering business association in bringing these issues into public opinion. Since 2016, it has had a very active Cybersecurity Committee, with top professionals from some member companies. The fact that these professionals give their time to share knowledge and help prepare papers, blogs, presentations, podcasts, and so on, on these topics has even been useful for the creation of laws or special regulations related to both areas.

LATIN COUNSEL: How do you see the future of personal data regulation in Central America over the next five years?

Julio Martínez: In the short term, I believe that in some countries a data protection law must be created, while in others that already had a law in force, a comprehensive reform is urgently needed to modernise the regulations in a way that benefits citizens. It is important that each country does not copy a model exactly, but rather adopts what best suits it from the different existing regulatory models.

LATIN COUNSEL: What advice would you give to young lawyers interested in combining law and technology?

Julio Martínez: Since both fields are extremely dynamic, I would tell them never to stop studying, to attend conferences and webinars. There is a lot of free information that can be accessed and learned from.

LATIN COUNSEL: In your day-to-day professional life, what motivates you to continue updating yourself and learning constantly?

Julio Martínez: Two things. The first is my commitment to the work team in general. I have always wanted to stand out as a lawyer with solid knowledge and confidence in what we are doing, leading and learning. The second reason is my commitment to myself as a professional. Wanting to stand out and become a regional reference in the field obliges me to continue deepening my knowledge of the subject.

LATIN COUNSEL: Is there any book, mentor or experience that has especially influenced the way you practise law?

Julio Martínez: Several books have influenced me, but I think there is one book I recommend even in the new technologies course I teach: "Tools and Weapons". Reading it from the perspective of a technology lawyer is extremely enriching. As for my mentors, yes, there have been several people throughout my academic and professional life who guided me and, in some way, shaped me into a lawyer with attention to detail but also a pragmatic approach.

LATIN COUNSEL: Finally, how would you like your contribution to the development of technology law and data protection in El Salvador and the region to be remembered?

Julio Martínez: As a professional who shared and continues to share his knowledge without expecting anything in return, other than the legislative development of El Salvador. I say this with certainty: on many occasions, all the talks, advice on regulatory bodies and analysis of articles have been pro bono and motivated solely by seeing how the region’s legislation is advancing. Being able to contribute the knowledge I have gained from real-life technology practice motivated me to collaborate and help ensure that, although there is no perfect law or regulation, they are as appropriate as possible.