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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

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