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EU Legal Representation for Peruvian Companies

Your EU Legal Representative — AI Act, EUIPO Trademarks and GDPR Compliance

Peruvian companies placing products on the EU market need an authorized representative. A2 covers the AI Act (Art. 22), GDPR (Art. 27) and EUIPO trademarks from Madrid: one point of contact for all 27 member states, with full management in Spanish or English.

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Why Peruvian Companies Choose A2 as Their EU Legal Representative

The EU-Peru-Colombia Multiparty Trade Agreement, in force since 2013 and definitive since 1 November 2024, facilitates access for Peruvian companies to the European market. Peruvian companies operating in Europe — fintech, startups, branded agro-exports, digital platforms — are subject to the AI Act, GDPR and EUIPO trademark rules. A2 covers all three vectors from a single representation relationship.

  • AI Act Representative (Art. 22) — Mandatory for providers of AI systems in the EU
  • EUIPO trademark registration — Protection across all 27 member states with one filing
  • GDPR Representative (Art. 27) — For apps and platforms with European users
  • Communication in Spanish — No language barriers in complex legal matters
  • EU-Peru-Colombia Agreement expertise — Definitive entry into force 1 Nov 2024
  • LATAM timezone compatibility — Calls scheduled for Peruvian business hours

The EU Legal Framework for Peruvian Companies

The EU-Peru trade relationship, governed by the Multiparty Trade Agreement (in force since 2013, definitive since 1 November 2024), requires Peruvian companies to comply with three major EU regulatory frameworks:

  • AI Act (EU Regulation 2024/1689) — AI systems with a presence in the EU require an Art. 22 representative if the provider is not established in Europe. Fines of up to 7% of global turnover or €35 million.
  • GDPR (EU Regulation 2016/679) — Apps, platforms and services processing European citizens' data require an Art. 27 representative. Fines of up to 4% of global turnover or €20 million.
  • EUIPO Trademarks — Without an EU trademark registration, a Peruvian company cannot prevent unauthorized use of its mark in Europe or prove priority against third parties.

A2 covers all three frameworks from a single representation relationship, reducing costs and simplifying compliance.

Peru and EU Digital Regulation

Peru is a key EU trade partner under the EU-Peru-Colombia Multiparty Trade Agreement, in provisional force since 2013 and definitive since 1 November 2024. Peruvian companies accessing the European market — whether through branded product exports, direct investment or digital platforms — are subject to EU regulation on artificial intelligence, data protection and intellectual property.

Peruvian sectors with the greatest EU regulatory exposure:

  • Fintech — 237 active fintechs in Peru (EY Peru FinTech Index 2024); Yape and Plin process 2.8 million daily transactions (BCRP, March 2024). Peruvian fintechs with European users require a GDPR representative (Art. 27) and, if they use AI for credit scoring or fraud prevention, an AI Act representative (Art. 22).
  • Branded agro-exports — Products such as Pisco, single-origin coffee and cacao with protected designations of origin under the EU-Peru Agreement. EUIPO trademark registration protects the commercial brand across all 27 member states.
  • Technology and startups — Peruvian software and AI companies marketing in Europe subject to the AI Act and GDPR.
  • E-commerce and digital platforms — Services with European users subject to the GDPR and the DSA (Digital Services Act).

Peruvian institutional framework of reference:

  • INDECOPI (National Institute for the Defense of Competition and Protection of Intellectual Property) — Peru’s intellectual property office. Peruvian trademarks are registered with INDECOPI (fee of S/ 534.90 for the first class, S/ 533.30 for additional classes; 10-year renewable term). For protection in Europe, additional registration with EUIPO or via the Madrid System is required.
  • EU-Peru-Colombia Agreement — Facilitates bilateral trade and protects Peruvian geographical indications in the EU, but does not replace EUIPO trademark registration or AI Act / GDPR compliance.

Why Spain for Peruvian Companies

Madrid offers strategic advantages for Peruvian businesses:

  • Common language — Fluent communication in Spanish without intermediaries
  • Historical and cultural ties — Deep understanding of the Peruvian business context
  • European tech hub — Growing startup ecosystem with global connections
  • Competitive operational costs — More economical than other European capitals like London or Paris
  • Gateway to the EU — Access to the single market of 450 million consumers
  • Established Peruvian community — Active business and professional network in Spain

Featured Services

AI Act Representative (Art. 22)

Appointment as authorized representative before national AI supervisory authorities in all 27 member states. Coverage for high-risk AI systems (biometrics, hiring, scoring) and GPAI models. Management of technical documentation required by EU Regulation 2024/1689.

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European Union Trademark

Registration and defense of trademarks before EUIPO in all relevant classes. Essential for Peruvian fintech, branded agro-export and technology companies operating in Europe. Prior art search, opposition management and registration maintenance.

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GDPR Representative (Art. 27)

Representation before European data protection authorities (AEPD and other DPAs) for Peruvian companies processing European citizens' data. Includes external DPO, data subject request management and breach notification.

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International expansion and subsidiaries

Incorporation of European subsidiaries from Madrid, international contracts, technology licensing and legal structure for investment rounds in the EU. Leveraging the EU-Peru-Colombia Agreement for preferential access.

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Frequently Asked Questions

Which Peruvian companies must appoint an AI Act representative in the EU?

Any Peruvian company that places on the EU market AI systems classified as high-risk (biometric recognition, AI in hiring, credit scoring, AI in critical infrastructure, educational systems, medical AI) or general-purpose AI (GPAI) models. The obligation is triggered by the fact that the system is used or has effects in the EU, regardless of where the provider is established.

When does a Peruvian company need a GDPR representative in Europe?

When the company offers goods or services to people in the EU (even free of charge) or monitors the behavior of people in European territory. This includes e-commerce apps, AI services, fintech, IoT platforms and any SaaS with users in the EU. It is not necessary to have establishments in Europe for the GDPR to apply.

Can A2 register a Peruvian company's trademark with EUIPO?

Yes. We handle the European Union Trademark registration before EUIPO for Peruvian companies: prior art search in European databases, drafting and filing the application, managing examiner observations and any third-party oppositions. The standard process takes 6 to 8 months if there are no oppositions.

What advantages does the EU-Peru-Colombia Agreement offer Peruvian companies?

The EU-Peru-Colombia Multiparty Trade Agreement, in provisional force since 2013 and definitive since 1 November 2024, eliminates tariffs on most industrial and agricultural products, facilitates trade in services, protects investments and strengthens intellectual property protection, including Peruvian geographical indications such as Pisco. However, it does not exempt Peruvian companies from complying with the AI Act, the GDPR or registering their trademarks with EUIPO.

What happens if a Peruvian company does not appoint an AI Act or GDPR representative?

Non-compliance with the AI Act can result in fines of up to €35 million or 7% of global annual turnover, and a ban on marketing the AI system in the EU. Non-compliance with the GDPR can result in fines of up to €20 million or 4% of global turnover. Both regulations have extraterritorial effect: they apply regardless of where the company is established.

What is EUIPO?

EUIPO (European Union Intellectual Property Office) is the European agency based in Alicante that manages the registration of European Union Trademarks and community designs. A single EUIPO registration protects the trademark in all 27 EU member states. Registration is especially critical for Peruvian companies, as the European market is a strategic destination for branded agro-exports and technology.

How does the EU-Peru Agreement protect Peruvian geographical indications?

The EU-Peru-Colombia Agreement includes protection for geographical indications. We can manage the registration and defense of Peruvian designations of origin in the European market, protecting products such as Pisco, single-origin coffee, cacao and other products with recognized geographical indication.

Do you work with Peruvian law firms?

Yes, we frequently collaborate with Peruvian lawyers to provide coordinated cross-border legal support. We can work with your existing legal team to ensure an integrated strategy between Peru and the EU.

Which Peruvian sectors have the greatest regulatory exposure in the EU?

The Peruvian sectors with the greatest exposure are: fintech (237 active fintechs per EY Peru FinTech Index 2024, with Yape and Plin processing 2.8 million daily transactions per BCRP, March 2024); branded agro-exports (trademark and geographical indication protection); technology and startups (AI Act and GDPR compliance); and e-commerce (GDPR and Digital Services Act compliance).

Contact

If you want to talk about intellectual property protection, AI and data regulation, startup formation or international expansion, write us a few lines and schedule a conversation with the team.

A2 Estudio Legal
María de Molina, 41
28006 Madrid · Spain

Tel: +34 913 451 406
Email: info@a2estudiolegal.com

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