Choosing consent as a standard legal ground for processing personal data can be misleading
As from August 2020, every company processing data in the Brazilian territory or offering goods or services to individuals in Brazil, must comply with the recently enacted General Data Protection Law (LGPD). Unlike the European Union, where a regulation on data privacy – Directive 95/94/EC – was in force even before the General Data Protection […]
The role of the Brazilian Data Protection Authority in cross-border data transfers
After a turbulent legislative process, the Brazilian Data Protection Authority (ANPD) was finally created in July 2019. However, the watchdog was unusually designed as a transitory unit within the current structure of the Presidency of the Republic with no specific workforce or budget. Within two years it may be converted into a special authority, such […]
Internal Investigations and the New Brazilian General Data Protection Law
As a result of the widespread investigation and sanctioning of corruption practices over the past few years, companies doing business in Brazil have increasingly adopted rigorous compliance policies. Some aspects of Brazil’s recently approved General Data Protection Law (LGPD) are believed to hinder internal investigations that are typically part of such compliance initiatives. This article discusses why […]
Sports Law – 2019
What is the regulatory governance structure in professional sport in your jurisdiction? The main federal statute establishing general rules on sports in Brazil is known as the Pelé Law
The Brazilian Data Protection Legal Framework
Introduction On August 14, 2018, Law No. 13,709 (LGPD – Lei Geral de Proteção de Dados) was enacted, creating a personal data protection legal framework in Brazil. The LGPD is influenced by the EU General Data Protection Regulation (GDPR); individuals, private entities and public authorities are affected by its provisions. Brazil now integrates a group […]
News on Brazilian Contract Law – Procedural Conventions
The possibility of parties regulating certain matters related to existing or potential court proceedings is not new under Brazilian legislation, but has been recently boosted following the enactment of the current Brazilian Civil Procedure Code in 2015 (the “CPC”). This doctrine, which has a German footprint, is recognized in several European jurisdictions and might flourish […]
Personal Data Protection Regulation in Brazil: Potential Conflict Between Laws
A new version of the Draft Bill for the Protection of Personal Data (DBPPD) has been made available for public consultation, with a final deadline for contributions by April 30th, 2015. The text is based on a first version dated 2011, which was enriched with some contributions made at that time. During these four years […]
IP and sports: a winning formula
Sports events are no longer simply a means of entertainment, they are also big business. Top tier events attract significant investment, involve large numbers of stakeholders and generate a great deal of employment. They are, however, high-value business ventures only when supported by a strong intellectual property (IP) legal framework. Unique commercial opportunities Sports events […]
The “Marco Civil Da Internet” and Copyright Protection
The recently enacted Law No. 12.965 of April 23, 2014 – commonly referred to as the “Marco Civil da Internet” – has received significant publicity for both its vanguard content and the concerns it raises to certain Internet market players. The Marco Civil da Internet is not the “Internet Constitution” as it has been coined […]
U.S. Farm Bill May Result in Brazil’s Imposition of IP Retaliatory Countermeasures Against the United States
In 2009, the World Trade Organization (WTO) authorized Brazil’s adoption of “cross-retaliation” countermeasures against the United States for the illegal subsidy of U.S. cotton farmers by the U.S. Government. It was the third time in its history that it allowed an offended country to apply countermeasures unrelated to the subject matter of the WTO treaty […]