Content moderation: Google secures victory in landmark ruling by Brazil’s Superior Court of Justice
In August 2024, the third panel of the Brazilian Superior Court of Justice (STJ) assessed the legal authority of YouTube, a social media platform owned by Google, to remove or suspend user content that breached its terms of service without requiring a court order. In this regard, Article 19 of the Brazilian Civil Rights Framework […]
Brazilian Data Protection Authority (ANPD) issues new international data transfer regulation
The International Data Transfer Regulation, published in August 2024 by the Brazilian Data Protection Authority (ANPD), has brought significant changes to companies that transfer personal data abroad. The new regulation outlines several mechanisms to authorize cross-border data transfers under the Brazilian Data Protection Law (LGPD), including adequacy decisions, standard contractual clauses, among others. The ANPD […]
Public Civil Actions in data privacy breaches
Class actions are used in various jurisdictions as a key mechanism for the protection of collective rights. The Brazilian legal action that most closely resembles class actions in the USA is the Public Civil Action (ACP), which has served over the years as the primary tool for protecting personal data in Brazil. Before the LGPD […]
Politician’s right to privacy vs. freedom of the press: a constitutional tug of war
In September 2023, the Supreme Court of Brazil (“STF”) issued one more decision regarding the balance between freedom of speech and press, and individual rights. A journalist who took pictures of a Senator’s smartphone screen containing private messages and shared them on social media had his credentials revoked by the president of a Joint Parliamentary […]
Digital platforms regulation in Brazil: current debates and future directions
The Internet has profoundly transformed the ways in which we obtain information, interact, and consume, playing a significant role in our lives. These changes have prompt governments and society to discuss the need to create a more robust set of rules that govern this environment. The requirement for financial contributions from digital platforms underlies the […]
Building a responsible AI ecosystem: insights from Brazilian initiatives
The growing use of Artificial Intelligence (AI) by companies in their pursuit to provide next-level products and services has spurred governments to discuss regulation of this technology with the aim to safeguard individual rights and national values, while fostering innovation and research. Given the urgency of the matter, a collaborative effort has emerged both nationally […]
New Brazilian law imposes limits for the choice of forum clauses
Although the Brazilian law was not clear on whether parties in a contract could freely choose the competent forum to resolve related disputes, Brazilian doctrine interpreted that the principle of “autonomy of will” would prevail in contracts involving capable parties and available assets over which the parties could dispose according to the law. Last June […]
Processing of personal data for public security purposes
The processing of personal data for public security purposes triggers the application of various provisions outlined in the Brazilian Data Protection Law (“LGPD”). Analogous to the European General Data Protection Regulation (“GDPR”), the LGPD excludes the processing of personal data for specific purposes, wherein public interest is pronounced, from its purview. These include national defense, […]
Can a media outlet be held liable for an interviewee’s statement?
In 1995, a print newspaper published an interview with a lawyer who accused a political activist of having carried out a terrorist attack back in 1966. The activist filed a lawsuit against the news company seeking indemnification for moral damages. The lower court ruled in favor of the offended party, but the decision was overturned […]
Statute of limitations for copyright infringements in Brazil
Brazil’s Copyright Law (“BCL”) does not contain any express provisions concerning statute of limitations. It follows that the general provisions of the Brazilian Civil Code (“BCC”) on limitations shall apply in relation to copyright infringements, and it has been the task of Brazil’s Superior Court of Justice to decide what particular provision of the BCC […]