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Transparency International launches the 2022 Corruption Perceptions Index

February 6, 2023

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.

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ANPD launches new security incident form

February 1, 2023

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.

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

January 23, 2023

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...

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The ANPD Guide on Cookies and Personal Data Protection

January 17, 2023

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.

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USA passes Anti-Money Laundering Whistleblower Improvement Act

January 2, 2023

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.

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The Impeachment of Authorities in Brazil explained

December 20, 2022

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

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Brazilian Antitrust Law has been refined

November 28, 2022

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.

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And speaking of Patient Support Programs...

November 14, 2022

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.

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

November 7, 2022

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.

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How goes Personal Data Protection in the United States of America?

October 31, 2022

The entry into force of the General Data Protection Regulation (GDPR) in the European Union, in 2018, gave rise to concerns about the issue of protection of personal data in the United States of America, especially after the European Court ruled that the Privacy Shield would no longer be accepted as a guarantee for the transfer of personal data of European citizens to the US.

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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