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Newsletter March 2018

Legal Updates

Statue of the company recovery mediator

Last month, on 22nd February, Law number 6/201 was published and came into effect, establishing the statue of the company recovery mediator. This new figure, created under the program ‘Capitalizar’, will provide qualified technical assistance to companies who find themselves in a difficult economic situation or in insolvency and wish to conduct negotiations with its creditors in order to its extrajudicial recovery.

Specifically, the mediator will work closely with the debtor company, analysing its economic and financial situation, assessing its perspective recovery and assisting on the preparation of a restructuration draft agreement to be presented to the creditors on the aforementioned negotiations.

Being the intervention of the mediator optional, the compensation and reimbursement of all incurred expenses shall be borne by the debtor company.

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Call for privacy terms of drones

In light of a report released by the Nacional Commission for Data Protection (NCDP), on the 16th February, recommendations were made in the sense of restricting image and sound recording by drones when it may not be likely to identify the people recorded.

The NCDP recalls that, currently, there is no legal framework regarding the use of remotely controlled aircraft systems (drones), and that its regulation should prioritize the protection of privacy.

Given that drones can have the most diverse technological devices installed, and that they have the specific ability of circulating discreetly in any environment, it is imperative to set up recording limitations, as well as of the obligation to immediately eliminate the information regarding the people identified, and reporting responsibilities as a condition to the exercise of the rights of access, elimination and opposition.

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Business Updates

A technological challenge

At the initiative of NOS, in partnership with OPEN, a challenge to the ecosystem of start-ups, technological partners and academic institutions was launched, within the scope of the laboratory of Design and Development of Hardware in Marinha Grande. The lab will focus on research and search for hardware solutions compatible with the Internet of Things (IoT), aiming to be a meeting point for the companies’ challenges related to the competences of the industry and academic world.

The challenge consists in presenting IoT projects, with NOS being responsible for managing the project, as well as ensuring communications and IoT certification. This initiative aims to overcome the barrier that hardware constitutes, thus speeding up digital transformation.

The OPEN’s platform and lab will work as collaborative spaces, with capacity to support the national industry, offering agile methodologies and fast prototyping, as well as a forum that allows the national ecosystem of start-ups, entrepreneurships and students to develop their ideas and projects.

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Amazon enters the pharmacheuticals sector

After several months of speculation, Amazon took an innovative step in the US drug market. Associated with the pharmaceutical Perrigo, the online commerce giant launched its own line of OTC (over-the-counter) medicines, the equivalent in Portugal to non-prescription medications. Under the brand Basic CareÔ, it has placed 60 products on the market, including anti-inflammatories, gastric shields and antihistamines.

In the segment of prescription medicines (Rx drugs), the company’s presence isn’t a reality yet. However, a large fraction of the millions of drugs annually prescribed is intended for prolonged or chronic treatments, so online sales with home delivery can be a future priority.

For now, Amazon is experimenting only with OTC – and still only in the North American market. However, the company’s disruptive capacity in the distribution and sale of the most varied consumer goods justifies a close look at future developments in the pharmaceutical sector.

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