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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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SEC Combats Corporate Retaliation Against Whistleblowers

September 20, 2024

Since the Dodd-Frank Act was enacted in the United States in 2010, the role of whistleblowers has proven crucial in helping authorities prevent fraud, bribery, and other legal violations. This is because the government lacks the personnel and resources to efficiently monitor the market on its own.

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SASE and what it can do for information security!

September 11, 2023

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 Something that appears to be novel today may already be outdated, because in another corner of the world a more efficient solution may have already been discovered or a flaw in the current solution may have been identified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.

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Results from the US Securities & Exchange Commission Inspection in 2023

April 1, 2024

Many people wonder why the US Securities & Exchange Commission (SEC) has been so successful, which has anequivalent agency in Brazil. The reason for its effectiveness is not hard to understand: the agency does not hesitate to investigate and impose penalties to curb irregularities that impact the day-to-day operations of the US stock market, including instances of corruption.

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Retaliation against non-disclosure agreements in the USA

September 25, 2023

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.

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Research institutes and conflicts of interest

October 10, 2022

After the first round of elections in Brazil on October 2, 2022, which elected some governors, senators, federal and state deputies, the research institutes are the big stars among the fierce dispute over the presidency of the Republic. Research institutes managed to get the attention of society, which was, until then, debating whether the electronic voting machines were reliable or not, since, for some, they would be non-auditable; whereas for others, they would be safe as they do not even have internet connection.

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Relationships between co-workers and conflicts of interest

December 13, 2021

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.

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Regulation of the Overindebtedness Act is Approved

August 8, 2022

On July 1, 2021, Statute #14,181, also known as the Overindebtedness Act, was approved. It amended the Brazilian Consumer Protection Code and the Brazilian Elderly Bill of Rights with the purpose of protecting individuals who, in good faith, contracted debts above their ability to pay and without compromising their social minimum, with the exception of consumers of luxury items, which are not protected.

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Registration on the tranparency portal in Brazil

August 30, 2023

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.

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Prison after conviction in appellate courts

February 23, 2023

Going to prison in Brazil is any easy task. The Brazilian procedural law, especially in criminal law, creates so many mechanisms for postponing the final and unappealable decisions that anyone having the resources to hire a lawyer or relying on an active public defender can postpone it. As such, many cases end up time-barred, although Brazilian legislation is slowly advancing in making crimes such as femicide or rape imprescriptible.

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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

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

Coportate fraud and its evidence

Fraud has been a considerable concern in every corporate sector, although the financial sector is the most affected and the one undertaking the most measures to prevent it in addition to respecting and complying with regulations by competent bodies.

Coportate fraud and its evidenceRead Full Article

National Data Protection Authority publishes Security Information Guidelines for Small Processing Agents

October 28, 2021 – The National Data Protection Authority (ANPD), which is the regulatory and supervisory body for the protection of personal data in Brazil, has published on October 4, 2021 a new guide called “Information Security Guidelines for Small Processing Agents”.

National Data Protection Authority publishes Security Information Guidelines for Small Processing AgentsRead Full Article

HOW WHISTLEBLOWERS ARE TREATED IN BRAZIL AND IN THE USA

Not many Brazilians are aware that Statute #13,964, of December 24, 2019, emerging from the former Justice Minister Sérgio Moro's anti-crime package, has brought a great innovation that could change the scenery of corruption  and other crimes in Brazil, especially the  "White collar” ones. It amended another Statute, #13,608, by introducing the role of the informer. Introducing protective measures therefor, such as: (i) full protection against retaliation, establishing specific sanctions for those who retaliate; (ii) exemption from civil or criminal liability in relation to a report in good faith; and (iii) identity confidentiality. Furthermore, the Statute provided for a reward of up to 5% of the amount recovered, when information results in recovery of revenue resulting from crimes against the public administration (government).

HOW WHISTLEBLOWERS ARE TREATED IN BRAZIL AND IN THE USARead Full Article

MATCHING THE LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA - THE GREAT EXAMPLE GIVEN BY THE UNITED KINGDOM'S DATA PROTECTION AUTHORITY (ICO)

One of the biggest challenges for a company's adequacy projects to personal data protection's legislation is matching the processing of certain personal data in any legal basis available in the law; depending on the country and, consequently, on its local law, there is not even the possibility of choosing a legal basis for matching, as occurs, for example, in the USA. However, this difficulty affects both Brazil and most European countries.

MATCHING THE LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA - THE GREAT EXAMPLE GIVEN BY THE UNITED KINGDOM'S DATA PROTECTION AUTHORITY (ICO) Read Full Article

GUIDE TO ASSESS THE INTERFERENCE OF FOREIGN COUNTRIES IN PERSONAL DATA PROTECTION

In February 2020, the European Data Protection Board released a recommendation guide on essential guarantees for surveillance measures implemented under the European General Data Protection Regulation – GDPR.

GUIDE TO ASSESS THE INTERFERENCE OF FOREIGN COUNTRIES IN PERSONAL DATA PROTECTIONRead Full Article

FIGHTING CORRUPTION IN ITALY

The fight against corruptionin Italy has always been a great challenge, considering the difficulties inconfronting organized crime, especially the mafia, which has received differentnames depending on the region, such as the Camorra in Naples, the Cosa Nostrain Sicily, and the 'Ndrangheta in Calabria.

FIGHTING CORRUPTION IN ITALYRead Full Article

BRAZILIAN POWER SUPPLY CRISIS AND COMPANY STANCES

Brazil is currently going through the most severe water shortage in the last 91 years, according to CNN. This impacts the power supply crisis, leading to notice after notice  on increases in the consumer's electricity bill, determined by the Brazilian Electricity Regulatory Agency (Aneel), as more expensive energy sources such as thermoelectric plants need to be activated or have their production increased to compensate for the limitations imposed on hydroelectric power plants, as they have no input material.

BRAZILIAN POWER SUPPLY CRISIS AND COMPANY STANCESRead Full Article