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ANPD Approves Regulation on Security Incident Reporting

May 8, 2024

The Brazilian Data Protection Authority (ANPD), a public entity created by the General Data Protection Act (LGPD), responsible for regulating, supervising, guiding, educating, and acting on security incidents involving personal data, as well as for cooperating with other similar international entities, published CD/ANPD’s Rule #15, dated April 24, 2024, in the Federal Register on April 26, 2024. Taking advantage of the last public consultation on the topic, the Rule approved the Regulation on Security Incident Reporting.

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India’s Anti-Corruption Act

April 30, 2024

While Brazil adopted its Anti-Corruption Act aimed at companies only on August 1, 2013, with Law #12,846, India adopted an Anti-Corruption Act known as “The Prevention of Corruption Act” on September 9, 1988, which typifies and penalizes bribery offenses involving both individuals (natural persons) and companies (legal entities). Now, let’s delve into the main points of this act below.

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The Balancing Test in Personal Data Protection

April 24, 2024

There are numerous situations in a business that result in a company having to deal with personal data, and obtaining the data subject's consent is not always possible or even viable. Bearing this in mind the legislator made 9 other legal bases available in the Brazilian General Data Protection Act (LGPD) so that companies, controllers or operators of such personal data can use them to classify the processing of the respective data.

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The Legitimate Interest in the Processing of Personal Data

April 15, 2024

Since the creation of the Brazilian General Data Protection Act (LGPD) on August 14, 2018, the comparison with the European GDPR was inevitable, after all, the Brazilian LGPD was greatly influenced by the similar law published just over two years earlier in Europe. While the LGPD had ten legal bases to support the processing of personal data, the GDPR had only six legal bases.

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CGU's Lilac Guide to Combating Moral Harassment, Sexual Harassment, and Discrimination in the Public Service

April 8, 2024

The ongoing battle waged by companies and governments to address moral harassment, sexual harassment, and discrimination among employees, whether in the private or public sector, is nothing new. A poignant illustration of this perpetual struggle was the resignation of the president of the Brazilian Savings Bank (Caixa Econômica Federal – CEF) on June 29, 2022, following allegations of sexual harassment made by CEF employees.

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Results from the US Securities & Exchange Commission Inspection in 2023

April 1, 2024

Many people wonder why the US Securities & Exchange Commission (SEC) has been so successful, which has anequivalent agency in Brazil. The reason for its effectiveness is not hard to understand: the agency does not hesitate to investigate and impose penalties to curb irregularities that impact the day-to-day operations of the US stock market, including instances of corruption.

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When Supporting Gender Equality Conflicts with Privacy Rights

March 15, 2024

At a time in history when the topics of diversity and inclusion are more and more relevant, a federal law enacted in 2023 is causing great controversy, even forcing a rush to the courts to ensure its compliance.

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The Fight Against Corruption in Singapore

March 6, 2024

Corruption poses anever-present concern for democracies on every continent. It is no different inAsia, especially in Singapore, which alongside New Zealand and Scandinaviancountries stand out as examples of best practices in infrastructure and legal frameworkemployed to combat corruption.

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Medication Leaflets of Generic and Patented Medicines

February 29, 2024

The use of medication is undeniably crucial for extending our lives with the highest possible quality, aligning with advancements in science. As a result, medication leaflets are familiar to everyone, whether or not they are involved in the pharmaceutical sector. However, the same level of familiarity does not extend to the concepts of generic medicines and patented drugs.

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Petrobras at the Top of Brazilian Patent Applicants

February 19, 2024

According to a publication on the website of the newspaper A Gazeta, the Brazilian Patent and Trademark Office (BRPTO) has disclosed that, in 2023, 25,367 utility patents were filed in Brazil. This data was divided as follows:

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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

Dark patterns in data protection

In a time where fake news is so prevalent, the topic of dark patterns has gained a lot of relevance. The term was purely academic but, in recent times, has been commonly seen in data protection regulations worldwide.

Dark patterns in data protectionRead Full Article

U.S Department of justice updates its guide to corporate compliance programs

Now under the Biden administration, the U.S. Department of Justice (DOJ) has published, on March 3, 2023, an update to its guide for evaluating compliance programs. It assists prosecutors in this task, allowing them to identify whether the program is efficient at the time of the offense and whether it is effective at the time of a charging decision or resolution.

U.S Department of justice updates its guide to corporate compliance programsRead Full Article

The EDPB publishes new guidelines for personal data protection

The European Data Protection Board (EDPB) has recently published, after a public inquiry with different segments of European society, three new guidelines related to the protection of personal data.

The EDPB publishes new guidelines for personal data protectionRead Full Article

The sponsorship ethics of pharmaceutical and medical companies for physicians speaking in conferences

This is certainly one of the most controversial topics in recent years with regard to the interaction of the medical profession with the health industry – which encompasses the pharmaceutical industry, medical and hospital products and even cosmetics and food.

The sponsorship ethics of pharmaceutical and medical companies for physicians speaking in conferencesRead Full Article

ANPD REGULATES THE APPLICATION OF ADMINISTRATIVE SANCTIONS

Administrative Sanctions Regulation on Dosimetry and Application of Administrative Sanctions, which establishes the dosimetry guidelines for sentences, especially calculating the base value for fines the agency may apply. It is an initiative of the rapporteur and director of the ANPD – Arthur Sabbat, in which he was unanimously followed by the rest of the board. Although the criteria set out below establish clear guidelines, the ANPD may depart from its methodology or review the penalty, if impaired proportionality is found between the severity of the violation and the intensity of the sanction.

ANPD REGULATES THE APPLICATION OF ADMINISTRATIVE SANCTIONSRead Full Article

Prison after conviction in appellate courts

Going to prison in Brazil is any easy task. The Brazilian procedural law, especially in criminal law, creates so many mechanisms for postponing the final and unappealable decisions that anyone having the resources to hire a lawyer or relying on an active public defender can postpone it. As such, many cases end up time-barred, although Brazilian legislation is slowly advancing in making crimes such as femicide or rape imprescriptible.

Prison after conviction in appellate courtsRead Full Article

Transparency International launches the 2022 Corruption Perceptions Index

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.

Transparency International launches the 2022 Corruption Perceptions IndexRead Full Article

ANPD launches new security incident form

In the second half of December 2022, the National Data Protection Authority (ANPD) published an amendment to the Security Incident Reporting form, to be used by all those who need to report security incidents starting January 1, 2023.

ANPD launches new security incident formRead Full Article

Why is the Whistleblower despised in the Fight against Corruption in Brazil?

While some countries are failing in the fight against corruption, Brazil has achieved a real negative milestone in recent years. The country managed to deconstruct the Car Wash Operation , the most powerful symbol of the fight against corruption ever carried out in the country and also  encouraged impunity to public agents who commit acts of administrative impropriety, by sanctioning Statute 14,230 of 03.31.2022. Since then,  public agents can no longer be held responsible for damages caused by recklessness, negligence or malpractice, since only deceit (the intention to do or not to do) characterizes impropriety in the corresponding crimes typified by law. An open door for the "I don't know" people... For those who intend to prove anything, they must manage on their own prove that the agent intentionally did the act...

Why is the Whistleblower despised in the Fight against Corruption in Brazil?Read Full Article

The ANPD Guide on Cookies and Personal Data Protection

Cookies continue to be a source of concern for authorities responsible for data protection in all countries, even more so if one considers the lack of transparency in the collection and use of much of this data. Behold, the National Data Protection Authority (ANPD) issued an orientation guide for dealing with cookies in Brazil, although the General Data Protection Law (LGPD) itself has not displayed specific rules on the subject. Even for that very reason, this ANPD guide comes at a good time to resolve doubts and serve as a basis for guiding everyone on how to deal with the issue in Brazil.

The ANPD Guide on Cookies and Personal Data ProtectionRead Full Article

USA passes Anti-Money Laundering Whistleblower Improvement Act

In Brazil the concept of the whistleblower continues to be ignored –  as having been incorporated into our legal system by former Minister Sérgio Moro's anti-crime package, approved by the National Congress underStatute 13,964 of December 24, 2019 (which utilizes the definition of informant rather than the North American definition of whistleblower) – along with the benefits that its employment could bring to the country, especially in the fight against corruption. While the United States, at the end of 2022, have just passed the Anti-Money Laundering Whistleblower Improvement Act, making significant progress in the battle against money laundering.

USA passes Anti-Money Laundering Whistleblower Improvement Act Read Full Article

The Impeachment of Authorities in Brazil explained

According to the Brazilian Constitution of 1988, the Legislative, Executive and the Judiciary Branches are balanced among themselves.

The Impeachment of Authorities in Brazil explainedRead Full Article

Brazilian Antitrust Law has been refined

Although Brazilian antitrust rules follow the example of US antitrust law, the pioneers in the subject were not them, but their Canadian neighbors, since the first known antitrust law was published in 1889, in Canada. By the way, this was the year in which Brazil ceased to be an empire, when the Republic was proclaimed on November 15, 1889, by Marshal Deodoro da Fonseca.

Brazilian Antitrust Law has been refinedRead Full Article

And speaking of Patient Support Programs...

The Patient Support Programs (PSPs) developed by the pharmaceutical industries are often controversial as to the real benefit they provide, how much they contribute to patient loyalty and the risks they bring to the companies implementing them.

And speaking of Patient Support Programs...Read Full Article

Self-regulation in the health care area: Europe's positive example

One of the great frustrations of those who work in companies where there is a solid compliance culture is dealing with the limits imposed by their internal policies and procedures, as compared to competition that, sometimes, uses dubious and loose processes, which lead to numerous conflicts of interest, but which can translate into increased sales.

Self-regulation in the health care area: Europe's positive exampleRead Full Article