For this week's Licks Attorneys Compliance Blog, we will re-air the webinar “FCPA Review 2021 – Hot Cases”, hosted by our partner Alexandre Dalmasso.

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Successful compliance programs typically take place in organizations with examples coming from the top. There is no doubt about the fundamental factor for success in such programs: top management engagement, or a culture of example. There is no way for a compliance program to prosper otherwise.

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On August 14, 2018, the Brazilian General Data Protection Act (LGPD) – Statute #13,709 established general rules for the protection of every individual's personal data – something that, until then, lacked safeguards and limits on third-party use.

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The Food and Drug Administration (FDA) is the American agency responsible for protecting and promoting public health through the control and supervision of food safety, medicines and the like, a role similar to that performed by ANVISA in Brazil.

One of the greatest Brazilian achievements is undoubtedly the Brazilian Public Healthcare System (SUS). Provided for by Article 196 of the 1988 Brazilian Constitution, it establishes that health is a right for all and a duty of the State, and guarantees to every Brazilian access to public health, regardless of payment to the Brazilian Social-Security Administration (INSS).

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We have recently published two posts regarding the update made to the codes of PhRMA (Pharmaceutical Research and Manufacturers of America) and the IMC (Innovative Medicines Canada).

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The Innovative Medicines Canada (IMC) was founded on April 23, 1914, by representatives of 10 pharmaceutical and toilet products companies under the name “Canadian Association of Manufacturers of Medicinal and Toilet Products”. In 1915, the association changed its name to “Canadian Pharmaceutical Manufacturers Association”, while in 1965, the association again changed its name to the “Pharmaceutical Manufacturers Association of Canada (PMAC)”.

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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:

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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.

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Could a simple gift be a nuisance to a company? Depending on the situation and the parties involved, it certainly can!

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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.

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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.

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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.

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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.

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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.

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