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

July 5, 2021

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.

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ANPD RELEASED GUIDELINES ON DATA PROCESSING AGENTS

June 28, 2021

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.

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THE LIFE OF CRACKERS HAS BECOME MORE DIFFICULT

June 21, 2021

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:

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COOKIES, UNDERSTAND IT ONCE AND FOR ALL!

June 14, 2021

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.

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

June 7, 2021

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.

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COVID-19 IN THE WORKPLACE

May 31, 2021

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.

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NEW DIRECTIONS FOR PUBLIC CIVIL ACTION IN BRAZIL

May 24, 2021

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.

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

May 17, 2021

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.

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THE RUSSIAN ANTI-CORRUPTION LAW

May 10, 2021

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.

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THE WHISTLEBLOWER IN BRAZIL

May 3, 2021

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.

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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

How are whistleblowers treated in Europe?

Since 2010, with the enactment of the "Dodd-Frank Act", the United States introduced the whistleblower, i.e., someone who witnesses an irregularity within the following parameters:

How are whistleblowers treated in Europe?Read Full Article

PHRMA updates its code on interactions with health professionals

A very sensitive issue for the pharmaceutical industry, and for the medical and hospital products industry concerns the limits in their interaction with health professionals, especially physicians who prescribe drugs, and medical and hospital products.

PHRMA updates its code on interactions with health professionalsRead Full Article

When gifts become a problem

Could a simple gift be a nuisance to a company? Depending on the situation and the parties involved, it certainly can!

When gifts become a problemRead Full Article

UNODC'S best practices in the fight against corruption

In a memorable initiative, the United Nations Office on Drugs and Crime (UNODC) developed, in 2007, the Best Practices in the Fight Against Corruption project, of which several countries took part, including Brazil.

UNODC'S best practices in the fight against corruptionRead Full Article

When friendship drags you down

Professor Robert Henry Srour from the University of São Paulo (USP), who I respectfully admire as one of the greatest and best thinkers on ethics in Brazil, describes in his magnificent work “Ética Empresarial” an interesting scene from the movie The Devil's Own, 1997.

When friendship drags you downRead Full Article

Data protection rules in the states of Virginia and Colorado, USA

Although the United States is at the forefront when it comes to innovation and technology, the same cannot be said when it comes to privacy and data protection, since state statutes focus solely on the commercialization of personal data from individuals. Due to its form of government, the US allows States to decide on the rules for the protection of personal data.

Data protection rules in the states of Virginia and Colorado, USARead Full Article

Brazilian Data Protection Authority (ANPD) regulates personal data protection for small business

The Brazilian Data Protection Authority (ANPD), the body responsible for the promotion and control of the General Data Protection Law (LGPD) in Brazil, started 2022 by publishing CD/ANPD Resolution #2 on January 27, 2022, which approves the regulation implementing the LGPD – Statute #13.709/2018 for small processing agents.

Brazilian Data Protection Authority (ANPD) regulates personal data protection for small businessRead Full Article

2021 corruption perceptions index

The Transparency International is a non-profit anti-corruption organization headquartered on Berlin that operates internationally. Its purpose is to combat corruption and criminal activities related to corrupt acts.

2021 corruption perceptions indexRead Full Article

Third-Party Due Diligence

In the early 2000s, when a company was asked if there was a compliance program in force, the answer would be the existence of a Code of Ethics or Conduct. If that was the case and there was a compliance program, the company could boast this as a hallmark.

Third-Party Due DiligenceRead Full Article

VIRTUAL VOICE ASSISTANTS AND PERSONAL DATA PROTECTION

While Brazil's National Data Protection Authority (ANPD) struggles to meet its General DataProtection Act (LGPD) regulatory schedule for the two-year period of 2021 and2022, Europe is making strides in regulating and guiding various aspects of the GeneralData Protection Regulation (GDPR), as shown below.

VIRTUAL VOICE ASSISTANTS AND PERSONAL DATA PROTECTIONRead Full Article

Why you should not ignore risk assessment

Considering the hardships the world is going through, recently paralyzed by one of the biggest pandemics in history which, claimed the lives of millions of people millions of companies that could not bear the burden of shutdowns and were not prepared for working remotely, it has become necessary to draw attention to something that many companies despise: the habit of performing risk assessments.

Why you should not ignore risk assessmentRead Full Article

Ethics and Democracy

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.

Ethics and DemocracyRead Full Article

Relationships between co-workers and conflicts of interest

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.

Relationships between co-workers and conflicts of interestRead Full Article

The importance of encryption in the era of personal data protection

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.

The importance of encryption in the era of personal data protectionRead Full Article