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The Ultimate Guide to Data Leakage

August 15, 2022

The Brazilian Computer Emergency Response Team (CERT.br) from the Brazilian Network Information Center (NIC.br) – which is the executive branch of the Brazilian Internet Steering Committee (CGI.br) – has been in charge of dealing with security incidents involving networks connected to the Internet in Brazil since 1997. With the collaboration of Brazilian Data Protection Authority (ANPD), they have published the Guide to Data Leakage with the purpose of guiding people on the potential risks of data processing in digital environments.

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The sponsorship ethics of pharmaceutical and medical companies for physicians speaking in conferences

March 20, 2023

This is certainly one of the most controversial topics in recent years with regard to the interaction of the medical profession with the health industry – which encompasses the pharmaceutical industry, medical and hospital products and even cosmetics and food.

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THE NATIONAL REGISTRY OF INELIGIBLE AND SUSPENDED COMPANIES (CEIS) AND THE NATIONAL REGISTRY OF PUNISHED COMPANIES (CNEP)

July 5, 2021

Brazil published its Anti-Corruption Law - Law 12. 846, on August 1, 2013, whereby companies were committed to administrative and civil liability, with regard specifically to acts related to corruption, fraud in tenders and creating impeding circumstances for investigation or inspection. Unfortunately, the Brazilian legislator missed a great opportunity to criminalize companies’ operation and conduct, as is already the case in some countries.

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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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THE LACK OF PROPORTIONALITY IN THE GENERAL DATA PROTECTION LAW

July 26, 2021

The General Data Protection Law (LGPD) established 10 (ten) principles that must be observed in the activities of processing personal data.

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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 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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The importance of encryption in the era of personal data protection

December 6, 2021

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.

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The German supply chain due diligence act (LKSG)

May 29, 2023

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.

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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

The action plan for Portugal's digital strategy

The digital age is not just an option but an inescapable reality, redefining societies, economies, and governments. Recognizing this, Portugal has reinforced its commitment to digital transformation, culminating in the approval of Council of Ministers Rule #214/2025 on December 29, 2025. This legal instrument is far more than a bureaucratic formality; it is the cornerstone of a future where technology serves as a catalyst for progress and well-being. Through this Resolution, Portugal has approved the 2026-2027 Action Plan of its National Digital Strategy (EDN – Estratégia Digital Nacional), as reported by the news outlet Sapo.pt. This plan is an ambitious yet pragmatic roadmap designed to achieve significant goals by 2030, with one clear objective: to position the country among Europe's leaders in digital transformation. The goal is to promote a transition that is not only technologically advanced but also deeply inclusive, sustainable, and ethical.

The action plan for Portugal's digital strategyRead Full Article

The Railway Statute in Brazil

The Brazilian railway sector, historically challenged by inadequate infrastructure, bureaucratic hurdles, and an overreliance on road freight transport, has long needed a regulatory framework to unlock its true potential. Statute #14,273 of December 23, 2021, governing rail transport, represents a watershed moment. Known as the “New Railway Statute,” it emerged from extensive debate in the National Congress with a promise to modernize the sector's legal foundations, attract substantial private investment, and spur the development and expansion of the national rail network.

The Railway Statute in BrazilRead Full Article

The European Commission's adequacy decision for Brazil

The protection of personal data has become a central issue in the global legal and technological landscape. With the increasing digitalization of the economy and the cross-border flow of data, harmonizing legislation and recognizing equivalent levels of data protection between countries are fundamental steps to ensure legal certainty and the smooth operation of international commerce. The European Union's recent decision to recognize Brazil as a country with a level of personal data protection “essentially equivalent” to its own represents a significant milestone in this regard.

The European Commission's adequacy decision for BrazilRead Full Article

Regulation of artificial intelligence in law

Artificial intelligence (AI) represents one of the most profound technological revolutions in recent history, with the potential to redefine society, the economy, and human interactions. Its ability to process large volumes of data, identify complex patterns, and perform tasks once exclusive to the human mind has generated transformative impacts across multiple sectors. From medicine, with more accurate diagnoses, to industry, with process optimization, AI is reshaping the way we live and work. At the epicenter of this transformation, the legal sector stands out as a particularly fertile ground for AI applications and, consequently, for AI regulation.

Regulation of artificial intelligence in lawRead Full Article

European Union decision reignites debate over illegal content on social media

Last Friday, October 24, The Guardian published an article alleging that Meta Platforms Inc. had violated European Union (EU) law. The story was significant not only because it involved one of the world's largest companies, which controls giants like Facebook, Instagram, and WhatsApp, but also because it reignited the debate over social networks' responsibility to control illegal content on their platforms.

European Union decision reignites debate over illegal content on social mediaRead Full Article

Brazil’s Superior Court of Justice ratifies joint and several liability in Brazilian Anti-Corruption Act

The Brazilian Anti-Corruption Act (Law #12,846/2013) represents a fundamental milestone in Brazil's fight against corruption by establishing, among other provisions, the objective liability of legal entities for acts harmful to the public administration.

Brazil’s Superior Court of Justice ratifies joint and several liability in Brazilian Anti-Corruption ActRead Full Article

SEC has record financial penalty collection in 2024

The US Securities & Exchange Commission (SEC) announced in early December, according to The Wall Street Journal, record-breaking year for financial penalty collections in 2024.

SEC has record financial penalty collection in 2024Read Full Article

Australia to ban minors from accessing social media

One of the biggest concerns for parents in the modern world is their children's use of social media. Depending on how they are used, social media can become a huge headache for parents and their children tend to be the most vulnerable part in this unfiltered environment, where a world of discoveries is just a click away.

Australia to ban minors from accessing social mediaRead Full Article

Do you know what the No Surprises Act is? Understanding its importance

The No Surprises Act is a prime example of legislation in a country where the legal system is based more on case law than statutes. While Brazil’s legal system originates from Civil Law, the United States follows Common Law. However, U.S. laws are often very well-drafted, especially in terms of their applicability. In this context, it is important to consider the role of the judiciary, which operates under the punitive principle, unlike Brazil's compensatory system, which is less effective.

Do you know what the No Surprises Act is? Understanding its importanceRead Full Article

SEC Combats Corporate Retaliation Against Whistleblowers

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.

SEC Combats Corporate Retaliation Against WhistleblowersRead Full Article

The Brazilian Medical Association Intervenes in the Relationship between Physicians and the Pharmaceutical and Medical Products Industry

A significant concern in the healthcare sector is the potential conflict of interest between the pharmaceutical and medical products industry and healthcare professionals, particularly physicians. This potential conflict arises from the unique nature of the relationship: while the industry’s end customer is the patient, it is the physician who decides which product the patient will use. At the same time, patients pay physicians to prescribe the best treatment for their well-being.

The Brazilian Medical Association Intervenes in the Relationship between Physicians and the Pharmaceutical and Medical Products IndustryRead Full Article

A Decision by the Brazilian Superior Court of Justice Sets Precedent in the Advertising of Medicines

The First Panel of the Brazilian Superior Court of Justice unanimously decided, under the report of Justice Regina Helena Costa, in the appellate decision on Special Appeal #2035645/DF, that Anvisa (the Brazilian FDA) does not have the regulatory authority to restrict the commercial advertising of pharmaceuticals by companies. This applies especially when its regulatory actions contradict the provisions established in Law #9,294/1996 and other legislative acts.

A Decision by the Brazilian Superior Court of Justice Sets Precedent in the Advertising of MedicinesRead Full Article

The "Emprega + Mulheres" Program and the Impact on Employment Relationships

It is well-known that certain market sectors impose additional barriers when hiring women. This is often due to concerns that, during pregnancy, employees may need to take time off for childbirth, utilizing maternity leave. Complications during pregnancy can also arise, potentially weakening the workforce and prompting companies to hire temporary workers to cover the absence.

The "Emprega + Mulheres" Program and the Impact on Employment RelationshipsRead Full Article

The “Língua de Gato” case: trademark or synonym for product?

In recent weeks, the news about the loss of exclusivity of the “Língua de Gato” trademark has caused a great deal of buzz and raised many questions among chocolate lovers. After all, did Kopenhagen lose its rights to the “Língua de Gato” trademark?

The “Língua de Gato” case: trademark or synonym for product?Read Full Article

Deadlines and Deliveries — Logistical Challenges in Pharmaceutical Industry Contracts

In the pharmaceutical industry, strict compliance with delivery deadlines is essential. In commercial contracts between pharmaceutical companies and their suppliers, clarity and precision in stipulating delivery deadlines, as well as defining the consequences for non-compliance with these deadlines, are crucial to avoid disputes and ensure continuous supply to the market. Delays in the delivery of essential inputs can cause serious impacts, such as interruptions in medicaments production, compromises of research projects and even risks to public health. In this context, logistics plays a critical role that is amplified by the need for transportation and storage products under specific temperature and humidity conditions, in addition to complying with the regulatory standards of each country. The contracts signed between the parties must reflect this importance, establishing clauses that address the specific challenges of this area.

Deadlines and Deliveries — Logistical Challenges in Pharmaceutical Industry ContractsRead Full Article