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Updated Mapping of Personal Data Protection Around the World

August 13, 2024

There is a growing global concern regarding the protection of personal data for individuals, given the rapid technological advances that geographically universalize information and could have considerable impacts on citizens' lives. Brazil, following the global trend, enacted its General Data Protection Act (LGPD) in August 2018, which came into force in September 2020, except for its penalties, which only came into force in August 2021.

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The Activities and Duties of the Data Protection Officer (DPO) are Finally Regulated

August 7, 2024

The National Data Protection Authority (ANPD) published Resolution CD/ANPD #18/2024, dated July 16, 2024, which sought to fill an important gap in detailing the activities of the Data Protection Officer and the responsibilities of data processing agents that support their activities.

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New Regulatory Framework for Clinical Research in Brazil

July 31, 2024

Law #14.874 was enacted on May 28, 2024, providing guidelines for research involving human subjects and establishing the National System of Ethics in research involving human subjects. This statutory framework is of utmost importance as it defines the rights of volunteers and outlines the responsibilities for researchers and sponsors of clinical research.

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ANVISA Approves the Regulation of Biosimilars

June 18, 2024

The Brazilian FDA, ANVISA, approved Rule RDC #875 of May 28, 2024, which provided, in an ancillary manner, for the registration of biosimilars through the comparability development route, aiming to guarantee the quality, safety, and efficacy of these products.

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European Council Approves Legislation on Artificial Intelligence

May 29, 2024

In contrast to Mercosur, which struggles to evolve from an economic bloc to a political and monetary union due to challenges in socio-political integration caused by alternating conservative and progressive governments, the European Union continues to demonstrate efficiency in integrating its member countries. Despite the United Kingdom's departure, the EU remains committed to regulating fundamental issues related to the incorporation of new technologies, which will significantly impact personal, educational, and professional relationships. We are specifically discussing Artificial Intelligence (AI).

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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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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

Brazilian Data Protection Authority Applies Second Penalty for Violation of the Data Protection Act

After a phase where the Brazilian Data Protection Authority (ANPD) focused on regulating important provisions outlined in the General Data Protection Act (LGPD), in addition to editing several manuals and guidelines to assist the public in complying with the law, the ANPD has imposed its first penalty on July 6, 2023, targeting the company Telekall Infoservice.

Brazilian Data Protection Authority Applies Second Penalty for Violation of the Data Protection ActRead Full Article

Antitrust and anti-corruption authorities are already monitoring the 2026 World Cup

Considering the financial scandals fueled by acts of corruption involving the most recent World Cup, which led to the arrest of leaders from several countries, North American antitrust and anti-corruption authorities turned their attention to the 2026 World Cup, which will take place in three countries: United States, Canada, and Mexico. Among the arrests made, one that stood out was that of José Maria Marín, former president of the Brazilian Football Confederation (CBF) between 2012 and 2015 who was also governor of the State of São Paulo between 1982 and 1983, after the death of governor Franco Montoro.

Antitrust and anti-corruption authorities are already monitoring the 2026 World CupRead Full Article

Retaliation against non-disclosure agreements in the USA

Non-disclosure agreements are used by many companies with the purpose of guaranteeing or, at least, trying to hinder the disclosure of their confidential information by employees or former employees. Some companies require the signing of NDAs alongside the employment contract, while others require the signing of these documents upon termination of the employment contract, occasionally offering a bonus and demanding silence in exchange. If the employee violates the agreement, he or she may be forced to return the amount paid, often with interest and/or fines added.

Retaliation against non-disclosure agreements in the USARead Full Article

SASE and what it can do for information security!

To talk about information security or cybersecurity is definitely not the easiest of tasks, as developments in this area seem to be happening at a speed that is difficult to keep up with. The cat-and-mouse race between hackers and information security experts is incessant and at a breathtaking pace. Something that appears to be novel today may already be outdated, because in another corner of the world a more efficient solution may have already been discovered or a flaw in the current solution may have been identified that makes it vulnerable.

SASE and what it can do for information security!Read Full Article

All there is to know about the Brazilian Freedom of Information ACT

To ensure greater transparency on public accounts and public services in general, especially after initiatives such as the Transparency Portal, Law 12,527 of November 18, 2011, the Brazilian Freedom of Information Act, was sanctioned. This Act aims to provide access to even the greater public to information regarding Public Administration, regulating Article 5, Item XXXIII, Article 37, Paragraph  3, II and Article 216, Paragraph 2, from Brazilian Constitution of 1988.

All there is to know about the Brazilian Freedom of Information ACTRead Full Article

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