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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

Registration on the tranparency portal in Brazil

The Transparency Portal, at federal level, was developed by the Ministry of Transparency and the Brazilian Office of the Comptroller General during the first term of President Luiz Inácio Lula da Silva, in November 2004, with the initial purpose of giving visibility to financial aspects related to all federal government programs and actions.

Registration on the tranparency portal in BrazilRead Full Article

Technology as an ally to transparency and fighting corruption

In the field of fighting corruption, specialists are unanimous in recognizing the value of information and communication technologies (ICTs) as a powerful tool to promote transparency and eradicate corruption globally.

Technology as an ally to transparency and fighting corruptionRead Full Article

Understanding why VPNs may be replaced by ZTNA

Amid hackers, crackers and several other cyber threats such as viruses, malware, ransomware, phishing, and the like, VPNs (Virtual Private Networks) have been the sweethearts of the information technology departments for large, medium and small companies. They enable secure remote access for users, protecting their browsing data, especially from identification of their IP address (identification number of a device connected to the Internet), through encryption.

Understanding why VPNs may be replaced by ZTNARead Full Article

Improvements in compliance programs according to the OECD

Founded in 1961 and headquartered in Paris, the Organisation for Economic Co-operation and Development (OECD) economic organization composed of 38 member countries. Its goal is to stimulate global economic progress and facilitate world trade.

Improvements in compliance programs according to the OECDRead Full Article

Only the US and Switzerland effectively enforce their Anti-Corruption Laws Abroad

Several countries have anti-corruption legislation, but few extend this legislation to fight corruption alongside foreign authorities outside their territory. Brazil, incidentally, is in the second group of countries having such norms in its set of laws.

Only the US and Switzerland effectively enforce their Anti-Corruption Laws AbroadRead Full Article

Israel Approves Limitation of Supreme Court Powers Amid Huge Controversy

Various news networks around the world, such as CNN and The Wall Street Journal have reported the controversial decision taken by the Israeli parliament – the Knesset, which imposes a limitation on the Israeli Supreme Court. This decision was very controversial, with some seeing it as an attack to democracy, and others as a defense.

Israel Approves Limitation of Supreme Court Powers Amid Huge ControversyRead Full Article

Brazilian data protection authority applies first penalty for violation of data protection act

Despite the General Data Protection Act (LGPD) having entered into force in 2020 and its penalties in 2021, only on July 6, 2023 did the Brazilian Data Protection Authority (ANPD) publish in the Federal register of the current month, the first sanction applied to a company for violating the LGPD.

Brazilian data protection authority applies first penalty for violation of data protection actRead Full Article

How data classification (or lack of it) affects your business

One of the most significant concerns in today's corporate environments is the risk of confidential information being leaked or shared without authorization. This exfiltration of confidential information is known to occur not only through unauthorized access by an external agent, but also through the actions of a malicious internal collaborator.

How data classification (or lack of it) affects your businessRead Full Article

Discussing the conflict of interest in the federal government

Today, after reading an article authored by the renowned legal scholar Wálter Maierovitch, I was taken aback by the way some authorities handle conflicts of interest.

Discussing the conflict of interest in the federal governmentRead Full Article

Dealing with ethical dilemmas in business

Ethics is a word derived from the Greek vernacular “ethos", which, in turn, means "way of life". Philosophically, ethics focuses on the behavior of a human being within a social environment.

Dealing with ethical dilemmas in businessRead Full Article

Highest award ever paid by the US Securities and Exchange Commission to a whistleblower

The United States Securities and Exchange Commission announced the payment of the highest award ever paid to a whistleblower since the awards were instituted by the Dodd-Frank Act, sanctioned in 2010.

Highest award ever paid by the US Securities and Exchange Commission to a whistleblowerRead Full Article

The controversy on data sharing between Europe and the USA

Ireland’s Data Protection Commission (DPC) has published a press release on May 22, announcing that the inquiry into Meta Ireland, the Dublin-based company that manages Facebook not only in Ireland but throughout Europe, has been concluded.

The controversy on data sharing between Europe and the USARead Full Article

The German supply chain due diligence act (LKSG)

In the previous article, the “United Nations Guiding Principles on Business and Human Rights”, created in 2011 and which still influences several laws in many countries, was highlighted.

The German supply chain due diligence act (LKSG)Read Full Article

United Nations guiding principles on business and human rights

Although ESG (which stands for Environmental, Social and Governance) is a popular topic, few are aware of the document “Guiding Principles on Business and Human Rights”. Launched in 2011 by the United Nations, the text has influenced countless laws in several countries around the world to this day.

United Nations guiding principles on business and human rightsRead Full Article

How to investigate corruption

With regard to investigations of corruption in Brazil, the police authority, the Brazilian Office of the Comptroller General (CGU), the Prosecution Office and even the Internal Affairs of various public entities are invariably involved.

How to investigate corruptionRead Full Article