Controllers’ liability in cases of personal data breaches
The Superior Court of Justice (“STJ”, together with the Supreme Court, the two highest Brazilian courts) issued a decision last March restricting the controllers’ liability related to personal data breaches. A claim seeking compensation for moral damages was filed by a consumer against a Brazilian power utility company due to a leakage of personal data, […]
News content: a battle between producers and distributors
Last August, the Brazilian Superior Court of Justice issued a ruling concerning press clipping services. This case relates to a copyright infringement claim brought by a newspaper against a clipping company that utilized its journalistic content as a basis for crafting customized clippings. The central issues examined by the Court are: (i) whether journalistic works are entitled to protection under copyright law, and if so, (ii) whether clipping services could qualify for any of the exceptions stipulated in […]
Third-party interference in talent agreements
The race for hiring highly sought-after talents has persistently existed within the entertainment industry. Frequently, players in this sector attempt to lure talents who are already bound by legal agreements with their competitors by offering more appealing compensation or positions, in some cases, in violation of Brazilian regulations. The Brazilian Civil Code incorporates the rule […]
Upcoming regulation on digital platforms in Brazil
Lawmakers often choose ex-post regulations to encourage innovation, which means regulating at a later stage only if market failures or any other risks to competition arise. According to some Brazilian legislators, the moment to improve regulation on digital platforms has arrived. Since 2020, the National Congress has been discussing the Brazilian Law on Internet Freedom; […]
Brazilian Data Protection Authority’s (ANPD) first penalty for non-compliance with the Brazilian General Data Protection Law (LGPD)
Last July 6th, the ANPD ruled the first case of LGPD violation. The wrongdoer, which is a microenterprise, was fined in the amount of BRL 14,400 for offering to political candidates a database with voters’ personal data (including name, telephone number and address). According to the decision, the Brazilian company was processing personal data with no legal […]