About the creation of the National Digital Transformation System

On January 09, 2020, the Emergency Decree No. 006-2020 was published, which creates the National Digital Transformation System, which aims to promote the intensive use of digital technologies, systematization and data analysis with the purpose of generating economic, social and value effects on people.

In this regard, Digital transformation is understood as the integration and application of digital technology to processes in order to improve the efficiency of the institution, fundamentally changing the way it operates and provides value to its ´stakeholders´. This transformation may involve the reworking of its products and services, creating strategies within the organization through the use of technology. This process involves a cultural change that requires that people within the institution constantly challenge the status quo, reinventing the way of creating value for everyone in their processes, in the workflow, with respect to the skills of their employees. Examples of these digital transformation processes can be seen in financial services, such as "Yape" of the BCP or "Lukita" of BBVA Continental. For its part, RENIEC has proposed a Citizen Portal scheme, which will offer interconnected digital public services that will be based on the electronic ID.

The digital transformation allows organizations to compete better in an economic environment that is constantly changing as technology evolves. We live in a time of technological changes that are disruptive. That is why it is said that we are living the beginning of the fourth industrial revolution due to the speed, scope and impact on the systems. The speed of current advances is unprecedented in history and is interfering in almost every industry in every country. Digital transformation is everywhere and the trend is very clear: whoever does not implement exponential technologies in their processes will be destined to fail.

It is for these reasons that, in the recitals of the aforementioned Decree, it is affirmed that digital transformation is a critical process for the well-being of the population, being urgent to develop the ecosystem that regulates the digital activities of the country, as well as establishing the mechanisms of collaboration and articulation with public, private and civil society actors in the digital environment, through a systemic and comprehensive approach, which ensures the generation of public value and promotes the generation of economic and social value for citizens, entities and society in general, and contribute to the strengthening of the substantive functions of the State.

Among the most relevant aspects, the Emergency Decree regulates the following:

  • The National Digital Transformation System is made up of a set of principles, norms, procedures, techniques and instruments through which the activities of public administration are organized and the activities of companies, civil society and academia oriented to achieve the country's objectives regarding digital transformation.
  • The appointment of the Secretariat of Digital Government of the Presidency of the Council of Ministers as the governing body of the System, becoming the national technical-regulatory authority on the subject.
  • The Secretariat of Digital Government will have the functions of proposing the national policy and strategy of digital transformation, directing the digital transformation of the country, elaborating regulatory and complementary norms that regulate the digital transformation of the country. Also to issue a binding opinion on the scope, interpretation and integration of regulations governing the subject of digital transformation; the deployment of cross-platform platforms administered by the State, among others.
  • They are members of the National Digital Transformation System, among others, private sector organizations, civil society, academia or other relevant actors for a digital society. These actors should consider in their actions the objectives of the national policy and strategy of digital transformation, guiding the strengthening of digital confidence in the design and implementation of digital services.
  • The norm is based on the articulation of the various public and private actors of society. It also covers the subjects of digital government, digital economy, digital connectivity, digital education, digital technologies, digital innovation, digital services, digital society, citizenship and digital inclusion and digital trust; without affecting the autonomies and attributions of each sector, and in coordination with them as appropriate within the framework of their competences.
  • Data is recognized as a strategic asset to design policies, make decisions, as well as create and deliver digital services. Likewise, transparent and ethical data management is supported by processes, roles and governance structures. That is why the governance, regulation and leadership structure that facilitates the balance between data openness and adequate levels of privacy and digital security must be ensured.
  • On the other hand, the Decree establishes the interconnection of the entities' documentary processing systems, in order to automatically send electronic documents through the State Interoperability Platform. For its implementation, the entities of the Executive Branch will have a term until December 31, 2021. In the case of the other entities, the term will be fixed by Supreme Decree endorsed by the Presidency of the Council of Ministers.
  • Finally, a period of ninety business days is granted from its publication for the approval of the Regulation of the National System of Digital Transformation and for the elaboration of the National Policy and Strategy of Digital Transformation.

The publication of these types of standards is absolutely necessary; However, it is not enough, because, in addition, it is necessary to carry out the cultural transformations that imply the processes of digital transformation, since it constitutes a new way of living, working and relating. It is useless to have hundreds of standards in digital matters and that are not reflected in reality.

An example of this is that Peru invests only 0,08% of GDP in research, development and technological innovation known as the indicator (R + D + I), a figure much lower than that of countries like Colombia (0,25, 0,38%), Chile (1,24%) and Brazil (4.2%), with countries such as Israel and South Korea that invest 4.3% and 30309% of their GDP, respectively. That is why it is imperative that Peru begin to spend more money on it. Likewise, more tax incentives must be created in order for companies to access additional deductions, for which the assumptions in Law No. XNUMX - Law for the Promotion of Scientific Research, Technological Development and Technological Innovation must be extended.

In the same way, it is important that the transformation of the education system is prioritized to adapt it to current global standards, focusing on learning, on the use of opportunities that open new technologies and the vocational impulse of careers such as science, Technology and engineering It will do no good to invest in “cutting-edge” technology if citizens are not going to be able to use it and make the most of it.

On the other hand, the Emergency Decree grants the Ministry of Digital Government the power of control; nevertheless, at the moment it does not have how to exercise it, because one of many questions would be to see what happens if a company or public entity does not transform itself digitally or does not interoperability. Additionally, its ROF (Regulation of Organization and Functions) does not include the private sector or civil society or the academy. In that sense, it is important that the materialization of the oversight power be embodied in the Regulations of this standard. It should be noted that the new Congress must analyze whether this Emergency Decree meets the requirements indicated to be considered as “urgent”, that is, exceptional, of utmost need, transience and generality.

Finally, the Peruvian State has the obligation to promote the closing of the digital divide, as it is an economic and ethical imperative. Children who do not grow up in a digital environment will be harmed in the future by the environment. According to the National Institute of Statistics and Informatics (INEI), this 'digital divide' is quite wide in our country, since only 48,7% of the population 6 years of age and older has Internet access. However, if we separate urban from rural areas, the difference is very marked, with 58,2% in the urban area, while 15,4% in rural areas. Equal opportunities and economic and social progress will only be possible if all Peruvians are connected and make intelligent use of the Internet. Technological neutrality, the deployment of networks, the introduction of new technologies, consumer protection, the correct treatment of personal data, new business models, among others are issues on which the powers of the State, civil society , universities and private parties must discuss, based on that common vision of the future we want.

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Alejandro Morales
Lawyer graduated from the University of Lima. Master in ICT Law, Social Networks and Intellectual Property at ESADE Business & Law School. Head of the Area of ​​Law and New Technologies of Torres and Torres Lara - Lawyers. Specialist in Business Law, Protection of Personal Data and New Technologies.

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