Autor: jholguin@bustamantefabara.com
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Corporate Digitalization: Are We Ready for Fully Virtual Shareholders’ and Partners’ Meetings and Signatures?
Following the pandemic—five years behind us now—a growing trend accelerated: moving corporate governance into digital environments. Today, the Companies Law and other applicable regulations allow Boards, Shareholders’ Meetings, and Directors to meet, deliberate, and decide without ever setting foot in a meeting room. But is the business ecosystem ready for a fully virtual operation? The…
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New inquiry resolved by the Superintendence of Personal Data Protection (“SPDP”) regarding the impossibility of appointing Compliance Officers, Information Security Officers, and Special Attorneys as Personal Data Protection Officers
Relevant Aspects:The SPDP issued a new statement reaffirming and expanding key interpretative criteria for the application of the Organic Law on Personal Data Protection (“LOPDP”) and its General Regulations (“RLOPDP”); in particular, regarding the disqualifications and incompatibilities applicable to the role of Personal Data Protection Officer. Inquiry Submitted:The inquiry raised the following question: If a…
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Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones
In our professional life, we often imagine that success depends on great victories: winning a complex case, closing a decisive negotiation, or achieving an important promotion. However, experience shows us that true excellence is built in the quiet and the consistent: in the discipline with which we review documents, in the meticulous preparation of an…
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Negotiating to Win: Essential Lessons from “Getting to Yes”
In legal practice, we spend a large part of our time negotiating: contracts, transactions, litigation, internal policies, or simple schedule adjustments with colleagues and clients. Few works have influenced my approach to these conversations as much as “Getting to Yes” by Roger Fisher, William Ury, and Bruce Patton. Since my first encounter with this book,…
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Regulation for the Prevention and Handling of all Cases of Discrimination, Violence, and Workplace Harassment in the Private Sector
On August 22, 2025, the Ministry of Labor issued Ministerial Agreement No. MDT-2025-102, which contains the Regulation for the Prevention and Addressing of All Cases of Discrimination, Violence, and Workplace Harassment in the Private Sector. Its purpose is to establish clear and mandatory guidelines to ensure that workplaces are spaces free from violence, harassment, and…
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The National Assembly accepts the Executive’s partial veto and submits the final text for approval of the new Unfair Competition Law
On August 20, 2025, the National Assembly approved the report issued by the Economic Development Committee, which addressed the Constitutional Court’s opinion on the Draft Organic Law on Regulation against Unfair Competition. With this decision, the legal text is now ready for enactment, consolidating a new autonomous legal framework to prevent and sanction unfair market…
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Amendment to the General Regulation of the Organic Law of the National Public Procurement System
On August 5, 2025, the amendment to the General Regulations of the Organic Law of the National Public Procurement System (the “Regulations”) was published in the Official Register. Below are the main regulatory changes introduced by this amendment to the Regulations, with the aim of providing contracting entities, suppliers, and other actors in the National…
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The Clock Doesn’t Wait: How Speed is Redefining the Rules of M&A in Ecuador
In today’s mergers and acquisitions (M&A) landscape in Ecuador, speed is no longer optional — it’s the new standard. Transactions that once took months now need to close in weeks — or even days — to seize high-value opportunities before they vanish. This shift is driven not only by the global acceleration of business, but…
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Resolution No. NAC-DGERCGC25-00000017: Updated Guidelines and Reforms for the Cancellation of Sales Invoices, Withholding and Complementary Documents Issued Electronically
Wednesday, July 30, 2025 | Official Register – Third Supplement No.92 Objective: To amend Resolution NAC-DGERCGC25-00000014, which sets forth the regulations applicable to the procedure for the cancellation of electronic sales receipts, withholding vouchers, and supplementary documents. The amendment introduces adjustments and clarifications to the cancellation process, as follows: 1. Deadline for the cancellation of…
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Progress on New Draft Organic Law on Regulation Against Unfair Competition: Redefining the Legal Framework for the Protection of Fair Competition
On May 6, 2025, the National Assembly of Ecuador approved the Draft Organic Law on Regulation Against Unfair Competition (“Draft Law”). The President partially objected to the text on grounds of unconstitutionality and inconvenience. On August 4, 2025, the Constitutional Court ruled on these objections in Decision 5-25-OP/25 (“Decision”), upholding most of the sanctioning regime…