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The Corruption Perceptions Index in 2023

February 6, 2024

Transparency International, headquartered in Berlin, it is a non-profit organization focused on anti-corruption operating internationally. Its purpose is to combat corruption and associated criminal activities.

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The Inheritance Loss due to Unworthiness

February 1, 2024

Dealing with death is never easy. Especially if it happens to someone close to us, such as a family member. Despite this, the mourning and pain for the loss of a loved one should not hinder the obligation imposed by law on executing the probate proceedings within 60 days, under penalty of a fine of 10% of the tax amount. If the delay exceeds 180 days, the fine is increased to 20%. Furthermore, the deceased taxpayer who paid taxes throughout their whole life must still witness, wherever they are, the unpleasantness of having part of their properties literally confiscated by the public authorities, under the title of cause mortis estate and gift tax (ITCMD).

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Electronic Drug Labels

January 22, 2024

The Brazilian Congress approved on May 11, 2022, Law #14,388/2022, also known as the Electronic Drug Labels Act. Its aim was to shift from paper package inserts to digital labels, resulting in amendments to Law #11,903/2009, which regulated the tracking of drug production and consumption through electronic data capture, storage, and transmission technology. In turn, this law had already been partially changed by Law #13,410/2016, which addressed the National Medicines Control System.

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The Definitive Compliance Guide for Health Care in the USA

January 15, 2024

Without much ado, the American Office of Inspector General (OIG) has published the General Compliance Program Guidance (GCPG). This guide is intended for use by several segments of the health care sector, such as hospitals, nursing homes, medical equipment suppliers, among others. Its objective is to encourage the development and use of internal control resources, in order to monitor compliance with provisions of applicable statutes, regulations, and programs.

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When Corruption Turns the Tables!

January 8, 2024

The past few years have been tumultuous, particularly for Brazilians, in the battle against corruption. Controversial judicial decisions, sparking significant debate, diminished the effectiveness of Operation Car Wash (“Lava Jato”), a landmark anti-corruption probe, in Brazil. The once unassailable figures in the fight against corruption found themselves vilified in a country prone to casting shadows on those in the spotlight.

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The Integrity Management Units, and the Brazilian Office of the Comptroller General’s Public Integrity Panel

December 26, 2023

On November 22, 2017, Decree #9,203 was drafted by the president at the time, Michel Temer, dealing with the governance policy of the Federal Government, its agencies, and foundations.

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The French Anti-Corruption Act (Sapin II): A Perspective After 7 Years in Force

December 12, 2023

The French anti-corruption act called Sapin II, number #1691/2016, is celebrating its anniversary this December 9th, after seven years of existence.

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Decisions by the Irish Data Protection Authority are undermined

December 6, 2023

The Data Protection Commission (DPC) of Ireland has been the focus of attention among data protection commissions in other European nations due to the fines they have imposed on technology giants. Despite this, the outcome of the cases leaves much to be desired.

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FDA innovates with new guide for drug approval in the United States

December 1, 2023

The American agency Food and Drug Administration (FDA) innovated once again by creating a new guide on real-world evidence (RWE) and real-world data (RWD) to support drug approval.

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Artificial intelligence and its regulation in Brazil

November 22, 2023

On March 29, 2023, “The New York Times” published an article regarding an open letter signed by more than a thousand leaders in the technology sector, including Elon Musk, president of Tesla, Space X, and X (formerly Twitter). The letter requested a stop in the development of artificial intelligence above GPT-4, developed by OpenAI, considering the potential risk of threatening the very existence of society as we know it and even humanity.

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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

Understand the Leniency Agreement

The Brazilian Anti-corruption Act # 12.846 of August 1, 2013, known abroad as the “Clean Company Act”, brought an important instrument to assist authorities in investigating and prospecting evidence, called a leniency agreement.

Understand the Leniency AgreementRead Full Article

The Bidding Process and the Rehabilitation of the Bidder Declared Dishonest

The Bidding Act # 8.666 / 93 - establishes in its Article 87 the sanctions that may be applicable to those who do not comply with the administrative contracts resulting from the bid object.

The Bidding Process and the Rehabilitation of the Bidder Declared DishonestRead Full Article

Data Protection and Privacy and the CPO

Despite the Covid-19 pandemic, which has attracted attention from all over the world, issues related to the personal data protection arouse the interest of many people, especially here in Brazil, due to the force of the LGPD which was postponed by Provisional Measure 959 on April 29, 2020 to May 3, 2021.

Data Protection and Privacy and the CPORead Full Article

Data Privacy Law and the Impact on the Health Care Area

On the afternoon of July 22nd, a webinar was held, ‘‘Data Privacy Law (LGPD) and the Impact on the Health Care Area”, presented by four of our attorneys at law: Alexandre Dalmasso, specialist in compliance with experience in the pharmaceutical industry; Douglas Leite, Flávio Buzanovsky,  and Ricardo Campello specialists in LGPD.

Data Privacy Law and the Impact on the Health Care AreaRead Full Article

New Version of the U.S Foreign Corrupt Practices Act (FCPA) Resource Guide

The US Department of Justice(US DOJ) and the US Securities and ExchangeCommission (SEC) have released a new version of the resourceguide on the US Anti-Corruption Act(FCPA - Foreign Corrupt Practices Act) after 8years since the publication´s first version.

New Version of the U.S Foreign Corrupt Practices Act (FCPA) Resource GuideRead Full Article

Transparency in Emergency Contracts

On the afternoon of July 8th, a webinar was held with the topic ‘‘Transparency in Emergency Contracts”, led by Guilherme France, research coordinator at Transparency International's Anti-Corruption Knowledge Center – Brazil, Alexandre Dalmasso and Ana Luisa Calil, attorneys at law at Licks Attorneys.

Transparency in Emergency ContractsRead Full Article

Use of e-mails

Lots of people are unaware that e-mails already existed when companies still used the electric typewriter. The first email, which is known, was sent in 1971 by Ray Tomlison. And the first email address created is also his: tomlison @ bbn-tenexa.

Use of e-mailsRead Full Article

10 Mistakes that affect a compliance investigation report.

Compliance investigations have increased exponentially, since compliance programs were consolidated in companies globally.

10 Mistakes that affect a compliance investigation report. Read Full Article

What drives good people to do bad things

To reflect on what can make good people do bad things, I will mention two real cases, which occurred during my career.

What drives good people to do bad thingsRead Full Article

TCU AND INTERNATIONAL TRANSPARENCY LAUNCH EMERGENCY CONTRACTING GUIDANCE

In May 2020, the Federal Court of Auditors - TCU, in partnership with the international non-governmental organization Transparency International marked a point in favor of tackling corruption and legal certainty for the federal, state and municipal public managers, by launching a booklet called “Recommendations for Transparency of Emergency Contracts in Response to COVID-19“. The booklet guides those professionals, in face of Act 13,979 / 2020, to adopt accurate and licit practices in the management of public resources in the pandemic scenario.

TCU AND INTERNATIONAL TRANSPARENCY LAUNCH EMERGENCY CONTRACTING GUIDANCERead Full Article

Health Fraud! How does the US government combat this problem

On the afternoon of May 28th, a webinar was held with the topic ‘Health Fraud! How does the US government combat this problem’, led by Alexandre Dalmasso, partner and responsible for the Ethics and Compliance Practice Group.

Health Fraud! How does the US government combat this problemRead Full Article

Data Protection and Privacy Mapping in the World

Currently, according to the UNCTAD - United Nations Conference on Trade and Development, here is the current scenario regarding the regulation of Data Protection and Privacy in the World:

Data Protection and Privacy Mapping in the WorldRead Full Article

European Data Authority - EDPB Publishes Guide With Rules For Consent

The European Data Protection Board (EDPB) issued on May 4, 2020 the Guide 05/2020 with rules applicable to the consent of the personal data, under the Data Protection Law, in force at the European Union - GDPR (General Data Protection Resolution).

European Data Authority - EDPB Publishes Guide With Rules For ConsentRead Full Article

THE UNCERTAINTY OF THE EFFECTIVE DATE OF THE GENERAL DATA PROTECTION LAW – LGPD

The gap between the issuance date of a law and the effective date is called vacatio legis. The reason, in general, for a law not to enter into force on the date of its publication is because the legislator wishes to provide society with time enough to become aware and prepared to respect its content.

THE UNCERTAINTY OF THE EFFECTIVE DATE OF THE GENERAL DATA PROTECTION LAW – LGPDRead Full Article

JOB DESCRIPTION OF A COMPLIANCE OFFICER

The compliance officer is briefly the facilitator in consolidating a culture of compliance within the organization, and should be the first to set an example, with respect to behaviors and attitudes when interacting with internal and external clients.

JOB DESCRIPTION OF A COMPLIANCE OFFICERRead Full Article