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Ethics and Democracy

December 20, 2021

After moments of great suffering when not only Brazil but the world was faced with a lethal pandemic resulting in the death of millions, life begins to return to normal. The economic issues caused by the pandemic in addition to the health injuries of citizens show the dramatic social abyss, which is engulfing mainly the lower-middle classes in Brazil. Economic markers, GDP below the target, and galloping inflation demonstrate that the ghost of recession is more realistic than we'd like.

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Relationships between co-workers and conflicts of interest

December 13, 2021

The recurring theme of romantic relationships between co-workers has been around the corporate world for quite some time and often leaves the field of Human Resources or even Compliance in difficult situations.

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The importance of encryption in the era of personal data protection

December 6, 2021

Encryption is the process of turning information into text by using an algorithm (called a cipher) in order to enable anyone to read it except those with a particular identification, usually referred to as a key. The result of this process is encrypted information, also known as ciphertext.

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Coportate fraud and its evidence

November 22, 2021

Fraud has been a considerable concern in every corporate sector, although the financial sector is the most affected and the one undertaking the most measures to prevent it in addition to respecting and complying with regulations by competent bodies.

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National Data Protection Authority publishes Security Information Guidelines for Small Processing Agents

November 1, 2021

October 28, 2021 – The National Data Protection Authority (ANPD), which is the regulatory and supervisory body for the protection of personal data in Brazil, has published on October 4, 2021 a new guide called “Information Security Guidelines for Small Processing Agents”.

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HOW WHISTLEBLOWERS ARE TREATED IN BRAZIL AND IN THE USA

October 4, 2021

Not many Brazilians are aware that Statute #13,964, of December 24, 2019, emerging from the former Justice Minister Sérgio Moro's anti-crime package, has brought a great innovation that could change the scenery of corruption  and other crimes in Brazil, especially the  "White collar” ones. It amended another Statute, #13,608, by introducing the role of the informer. Introducing protective measures therefor, such as: (i) full protection against retaliation, establishing specific sanctions for those who retaliate; (ii) exemption from civil or criminal liability in relation to a report in good faith; and (iii) identity confidentiality. Furthermore, the Statute provided for a reward of up to 5% of the amount recovered, when information results in recovery of revenue resulting from crimes against the public administration (government).

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MATCHING THE LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA - THE GREAT EXAMPLE GIVEN BY THE UNITED KINGDOM'S DATA PROTECTION AUTHORITY (ICO)

September 27, 2021

One of the biggest challenges for a company's adequacy projects to personal data protection's legislation is matching the processing of certain personal data in any legal basis available in the law; depending on the country and, consequently, on its local law, there is not even the possibility of choosing a legal basis for matching, as occurs, for example, in the USA. However, this difficulty affects both Brazil and most European countries.

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GUIDE TO ASSESS THE INTERFERENCE OF FOREIGN COUNTRIES IN PERSONAL DATA PROTECTION

September 20, 2021

In February 2020, the European Data Protection Board released a recommendation guide on essential guarantees for surveillance measures implemented under the European General Data Protection Regulation – GDPR.

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ABOUT US

Licks Attorneys Compliance’s Blog provides regular and insightful updates about Ethic and Compliance. The posts are authored by Alexandre Dalmasso, our partner. Licks Attorneys is a top tier Brazilian law firm, specialized in Intellectual Property and recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

EUROPEAN BODIES APPROVE JOINT PROPOSAL TO PROHIBIT THE USE OF AI FOR AUTOMATED RECOGNITION

The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) announced on June 21st, 2021 that they have approved a joint opinion on the European Commission's Proposal for a Regulation laying down harmonised rules on artificial intelligence (AI).

EUROPEAN BODIES APPROVE JOINT PROPOSAL TO PROHIBIT THE USE OF AI FOR AUTOMATED RECOGNITIONRead Full Article

THE NATIONAL REGISTRY OF INELIGIBLE AND SUSPENDED COMPANIES (CEIS) AND THE NATIONAL REGISTRY OF PUNISHED COMPANIES (CNEP)

Brazil published its Anti-Corruption Law - Law 12. 846, on August 1, 2013, whereby companies were committed to administrative and civil liability, with regard specifically to acts related to corruption, fraud in tenders and creating impeding circumstances for investigation or inspection. Unfortunately, the Brazilian legislator missed a great opportunity to criminalize companies’ operation and conduct, as is already the case in some countries.

THE NATIONAL REGISTRY OF INELIGIBLE AND SUSPENDED COMPANIES (CEIS) AND THE NATIONAL REGISTRY OF PUNISHED COMPANIES (CNEP) Read Full Article

ANPD RELEASED GUIDELINES ON DATA PROCESSING AGENTS

The National Data Protection Authority (ANPD) released a Guidance Guide for the Definitions of Personal Data Processing Agents and the Data Protection Officer on May 27, 2021.

ANPD RELEASED GUIDELINES ON DATA PROCESSING AGENTSRead Full Article

THE LIFE OF CRACKERS HAS BECOME MORE DIFFICULT

The Senate news agency reported on May 28, 2021 that the president finally signed Bill 4554/2020, passing Law 14,155 of May 27, 2021, which modified the penal code to specifically deliberate on cybercrime, focusing on:

THE LIFE OF CRACKERS HAS BECOME MORE DIFFICULTRead Full Article

COOKIES, UNDERSTAND IT ONCE AND FOR ALL!

There are many definitions out there for cookies, but the one I like the most is found on the Positivo website, as well as some other websites, which clarifies that cookies are simple text files sent by the website to the browser the first time you visit it. A simple and effective definition. It’s there so that when the user visits the website again, their browser sends the data collected by the cookie, depending on its goal.

COOKIES, UNDERSTAND IT ONCE AND FOR ALL!Read Full Article

HOW MUCH DOES IT COST, AND HOW MUCH DOES A COMPANY EARN WITH A COMPLIANCE PROGRAM?

A seemingly simple question, but appearances can be deceiving!

The question is much more complex than it seems. After all, it is illusory to compare different matters under the same prism.

HOW MUCH DOES IT COST, AND HOW MUCH DOES A COMPANY EARN WITH A COMPLIANCE PROGRAM?Read Full Article

COVID-19 IN THE WORKPLACE

More than a year after news of the spread of the pandemic in Brazil broke, and despite the death of more than 350 thousand people in the country, media coverage continues to focus on the irresponsibility of individuals: those attending indoor parties, the stubbornness of others in not wearing a mask and the selfishness of many who seem to care little for the life of others, a close relative or not.

COVID-19 IN THE WORKPLACERead Full Article

NEW DIRECTIONS FOR PUBLIC CIVIL ACTION IN BRAZIL

Public civil actions were endorsed by Article 129, III of the  Federal Constitution of 1988 and have become one of the Federal Prosecution Officer’s (MP) institutional functions, regulated by Law No. 7,347 / 85.  They target diffuse, collective, and homogeneous individual rights.  They are intended to prevent and prosecute violations to collective interests such as the environment, consumers, historical or cultural heritage, including administrative impropriety, economic order, urban order.

NEW DIRECTIONS FOR PUBLIC CIVIL ACTION IN BRAZILRead Full Article

MPF, SENACON, CADE, AND ANPD RECOMMEND WHATSAPP EXTEND THE TERM OF ITS NEW PRIVACY POLICY

When WhatsApp informed its users a few months ago that their data could be shared with Facebook, this fact generated alarm among many users who imagined that part of their WhatsApp dialogues would appear on their Facebook pages. However, WhatsApp denied that this was going to happen.

MPF, SENACON, CADE, AND ANPD RECOMMEND WHATSAPP EXTEND THE TERM OF ITS NEW PRIVACY POLICYRead Full Article

THE RUSSIAN ANTI-CORRUPTION LAW

The Russian anti-corruption law, federal law No. 273, dated December 25, 2008, was enacted during the term of the president and jurist, Dmitri Anatolievitch Medvedev, whose term lasted from 2008 to 2012.  The law was designed to curb potential shady relationships between the private sector and the Russian government.

THE RUSSIAN ANTI-CORRUPTION LAWRead Full Article

THE WHISTLEBLOWER IN BRAZIL

On October 22, 2020, the US Securities & Exchange Commission (SEC) announced the largest reward payment ever made to a whistleblower in the United States, of US$ 114 million, more than R$ 650 million at current values. Much more than the often dreamed of mega-sena lottery in Brazil. Since its first award, the SEC has paid $ 676 million to 108 whistleblowers.

THE WHISTLEBLOWER IN BRAZILRead Full Article

Webinar LGPD – Data Leaks and first decisions

On the afternoon of April 22, the webinar ‘Data Leaks and first decisions’ was presented by partner Douglas Leite and Attorneys at Law and data protection specialists Flávio Buzanovsky and Angela Fonseca.

Webinar LGPD – Data Leaks and first decisionsRead Full Article

ANTI-SPAM LAWS AROUND THE WORLD

With the development of digital marketing, many commercial initiatives have adopted forms of e-mail promotion, using a mailing list, but without observing any of the restrictions imposed by anti-spam legislation.

ANTI-SPAM LAWS AROUND THE WORLDRead Full Article

Webinar ‘FCPA Review 2020 – Hot Cases’

On the afternoon of April 8th, the webinar ‘FCPA Review 2020 – Hot Cases’ was presented by partner Alexandre Dalmasso.

Webinar ‘FCPA Review 2020 – Hot Cases’Read Full Article

NEW GOVERNMENT PROCUREMENT RULES ARE ENACTED IN BRAZIL

President Jair Messias Bolsonaro just signed the new Government Procurement Act into law, converting the Bill (PL) 4.253 / 2020 into Law 14.133 of April 1, 2021.

NEW GOVERNMENT PROCUREMENT RULES ARE ENACTED IN BRAZILRead Full Article