Advocating for Essential Changes in Privacy Regulations
The intersection between technology and law is becoming more and more important, supporting a paradigm shift in legal procedures. By utilizing technology, some leaders promote a future in which legal procedures are easier to access and more transparent, enabling individuals and businesses to prosper in the rapidly changing digital era.
Rafael Soares, the CEO of Fluid HR is a seasoned lawyer with over a decade of experience and has dedicated his career to reshaping the legal field through technology. His journey demonstrates a strong dedication to both comprehending the intricacies of the legal system and making it easier for people to navigate its frequently intimidating paths.
Originally from Rio de Janeiro and now residing in Lisbon, Rafael’s passion for law was ignited early in life when his father introduced him to computers. This blend of interests led him to specialize in technology law, where he has made significant strides in advocating for essential changes in data protection and privacy regulations.
His work includes providing pro bono legal services to startups and leading privacy initiatives, ultimately culminating in his current focus on developing his technology startup. Through his innovative approach, Rafael aims to enhance the way organizations manage their human capital while ensuring compliance with evolving legal standards.
Let’s know more about his journey:
Rafael: Bridging Law and Technology
Rafael, a 36-year-old lawyer with 13 years of experience, has carved a niche in the intersection of law and technology. Originally from Rio de Janeiro, he has lived in Espírito Santo and now resides in Lisbon. His early exposure to technology, courtesy of his father, a systems analyst, ignited his curiosity about how systems operate. Although he initially pursued law without a clear direction, he soon found his passion in simplifying complex legal frameworks.
He believes that technology necessitates a rethinking of traditional legal processes, which often lag behind rapid advancements. He advocates for a collaborative relationship between regulators and citizens to foster legal-technological coexistence. His journey into technology law began in 2014 when he signed his first software development contract, an experience that solidified his commitment to this field. Alongside his work in compliance and tax law, he offered pro bono legal services to startups lacking financial resources.
In 2020, he moved to Portugal to enhance his expertise in personal data protection and artificial intelligence, completing a master’s degree at NOVA Law School. He also participated in an Erasmus+ program focused on the legal and ethical implications of AI. After returning, he transitioned from his role as Data Protection Officer and Head of Digital Law at a law firm to Decathlon, where he helped establish the legal framework for e-commerce and privacy initiatives.
Pioneering Privacy Solutions in Business
Rafael has navigated numerous projects in the realm of privacy, particularly focusing on GDPR compliance. One notable project involved a company that needed to communicate with thousands of opt-out customers who had not consented to receive marketing communications. To tackle this challenge, he and his team categorized emails into transactional and non-transactional types, maximizing the effectiveness of their outreach.
Collaboration was key; they worked closely with data, commercial, and web development teams to gather information from opt-out customers. By processing this data under the framework of legitimate interest, they achieved impressive results.
He emphasizes that the primary challenge in this field lies in harmonizing commercial objectives with regulatory requirements. He believes that a Data Protection Officer (DPO) should not act as a barrier but rather facilitate compliance in a way that minimizes operational disruption.
He asserts that effective privacy management transcends mere documentation of regulations; it necessitates a cultural shift within the organization regarding data handling. This transformation requires time, patience, and strong support from management to ensure lasting change.
Staying Ahead in Data Protection Compliance
Rafael employs strategic methods to stay informed about the ever-changing landscape of privacy laws and data protection regulations. He acknowledges the impossibility of keeping up with every regulation across all jurisdictions, emphasizing the importance of identifying the relevant jurisdictions for his business.
To effectively manage updates, he recommends two key strategies:
- Dedicated Team Member: Having a team member focused on monitoring legal updates, analyzing legislation, attending conferences, and reviewing court decisions ensures comprehensive oversight.
- External Consultancy: Engaging an external law firm to provide regular updates and analyses helps maintain a broader perspective on regulatory changes.
He believes that simply receiving updates is insufficient; they must be analyzed in conjunction with other business matters. He stresses that a successful Data Protection Officer (DPO) facilitates compliance in a way that minimizes operational impact.
Ultimately, fostering a culture of data responsibility within the organization is essential for effective privacy management.
Balancing Data Protection and Retail Operations
Rafael faces the critical challenge of balancing data protection with the operational needs of retail businesses. He emphasizes that modern retail companies must adopt a data-driven approach, which involves three key actions: obtaining, organizing, and analyzing data.
He clarifies that the GDPR is not intended to prohibit data processing but to ensure it is conducted ethically and transparently. He asserts that transparency is crucial; businesses must communicate their data collection and usage practices to customers. If a customer opts out, it often indicates a disconnect in marketing strategies or sales processes.
He believes that a well-structured privacy framework can provide strategic support to various business units, particularly marketing and sales.
Transforming Data Protection Strategies Through Risk Assessment
Rafael highlights a significant risk analysis he conducted while serving as a Data Protection Officer (DPO) during the transition to a new people management platform. This project involved preparing a Data Processing Impact Assessment (DPIA) due to the sensitive nature of employees’ data. The migration posed substantial risks, including potential data loss and inaccuracies, which could directly affect operations like payroll.
To mitigate these risks, he emphasized the importance of a well-structured Request for Proposal (RFP) process that involves multiple business units.
The Role of Digital Transformation in Data Protection
Rafael believes that digital transformation plays a crucial role in enhancing privacy and data protection within organizations. He views it as an ongoing process rather than a finite project, emphasizing that digitizing work processes centralizes data, which reduces the risk of data leakage.
By optimizing workflows, organizations can manage personal data more efficiently through advanced technologies. However, he cautions that technology alone is insufficient; effective implementation requires targeted training for existing staff. Without proper training, the use of new technologies can lead to high-risk situations, undermining the very protections intended to be enhanced.
Embracing Entrepreneurship in Data Protection
Rafael is embarking on an exciting entrepreneurial journey, marking a significant shift in his career. Despite being the only one in his family without entrepreneurial experience, he overcame initial doubts and fears that plagued him with thoughts like “someone has already done this” and “this won’t work.” With a legal background and a passion for technology, he sought to address recurring issues he observed while working as a Data Protection Officer (DPO) and head of digital law at a law firm.
He identified four key pillars affecting businesses: operational inefficiencies, unclear financial costs, inadequate human resource strategies, and detrimental organizational culture. These insights prompted him to share his ideas with colleagues across various sectors, who unanimously affirmed the innovation of his proposed model.
After months of refining his concept, he partnered with someone who shared his vision, leading to the development of a business model aimed at enhancing operational processes within companies. His startup aims to provide solutions that clarify workflows and improve data management, ultimately fostering a more efficient and transparent business environment.
Overcoming Challenges
Rafael has faced numerous challenges on his entrepreneurial journey. Initially, he found himself wearing many hats, learning everything from scratch as he navigated a landscape filled with uncertainty. Support from others often fell short, leaving him to make critical decisions alone, resulting in sleepless nights and immense pressure.
The primary challenges included:
- Finding the Right Partner: He sought a partner who not only shared his vision and values but also possessed complementary skills.
- Embracing Loneliness: He learned that entrepreneurship can be isolating, requiring personal accountability and resilience to push through obstacles.
- Managing Expectations: He realized that others might not be as invested in the business as he was, making it essential to adapt to the pace of progress, which often deviated from his original plans.
These experiences have shaped his approach and strengthened his resolve as he continues to build his startup.
Fluid HR: Revolutionizing Human Capital Management
Fluid HR is an HR Tech company dedicated to optimizing human capital management for organizations. Their approach consists of two main phases: Diagnosis and Management.
In the diagnosis phase, Fluid HR maps work processes by strategically gathering information through targeted questions directed at various business units. This data collection supports a comprehensive report on the company’s operational health.
For the management phase, they have developed a modular, integrated, and human-centered AI SaaS model designed to enhance various aspects of human resources management. This includes recruitment, onboarding, contract management, payroll, training, human development, and offboarding, ensuring a streamlined and efficient HR process.
Navigating Ethical AI in Human Resources
Rafael addresses the ethical challenges of implementing AI in HR at Fluid HR. The company utilizes machine learning tailored specifically to its needs, ensuring that human oversight accompanies all AI processes.
A key element of Fluid’s approach is creating a human-centered ecosystem where AI does not make automated decisions solely benefiting companies. Instead, it aims to enhance employee experiences by automating manual tasks and generating actionable insights from data analysis.
Moreover, Fluid HR focuses on job applicants by refining the recruitment process. The AI system is designed to assist both candidates and companies, ensuring optimal job placements without eliminating traditional CVs.
The Mission of Fluid HR
Fluid HR is focused on human development and optimizing processes within organizations. Its mission is to transform human capital management by improving recruitment, retention, and the overall development of employees, who are considered the company’s greatest asset.
The company aims to facilitate a disruptive change in HR practices by delivering an outstanding employee experience. This involves utilizing advanced tools for efficient workforce allocation and eliminating non-value-added tasks. By focusing on these areas, Fluid HR ensures that organizations achieve optimal human performance while promoting well-being and sustainable growth.
Balancing Dual Roles in Entrepreneurship
Rafael is currently balancing his role at Fluid HR with consulting work in digital law and as a Data Protection Officer (DPO). Managing time and priorities has become essential as he works during the day and dedicates his nights to his startup.
This dual commitment provides him with financial stability, allowing him to select projects that align with Fluid’s needs. He is preparing to transition to full-time dedication to Fluid and other ventures focused on logistics and sustainability.
