Sanctioning of the Brazilian Cryptoassets’ Legal Framework
On 21 December 2022, the Brazilian President sanctioned Law n. 14.478/2022, also known as the Brazilian Cryptoassets’ Legal Framework, ruling on the theme of cryptoassets in the Brazilian landscape. The Legal Framework has established its own definition of cryptoassets included in its scope and of cryptoexchanges, labeled as providers of virtual assets’ services (“prestadoras de […]
Publication of the 2023-2024 Regulatory Agenda of the Brazilian National Data Protection Authority – ANPD
On 08 November, the ANPD has approved its Regulatory Agenda to years 2023-2024, defining the priorities and schedule of the Authority’s action in the period, granting greater transparency and publicity to the regulatory process on personal data matters. In its Regulatory Agenda, the Authority has divided its operation into four phases. In Phase 1, the […]
Approval of the Brazilian National Data Protection Authority’s – ANPD’S Administrative Procedure Regulation
Today, the ANPD’s board of directors approved the Authority’s Monitoring Procedure’s and Sanctioning Administrative Procedure’s – SAP’s Regulations, providing rules and procedures that will be applicable to the ANPD’s monitoring and sanctioning administrative procedures. The Regulation provided that Brazilian Federal Administrative Procedure’s Law – Law no. 9,784/1999 will have subsidiary applicability to the ANPD’s administrative […]
Cryptoassets and their future in Brazil
The theme of cryptoassets is gaining more and more relevance at the global scenario each passing day, with discussions regarding its complex regulation evolving and becoming more technical and detailed. Brazil is not an exception in this context, being considered as the top cryptocoin market in Latin America and seventh in the world, according to […]
Brazilian Superior Court of Justice and the Discussion on Parodies
Recently, the Brazilian Superior Court of Justice (“STJ”) has been turning its attention to the debate surrounding the parodies, with emphasis in the Motion for Reconsideration in the Special Appeal (“Motion for Reconsideration”) n. 1.810.440/SP. At first, the Special Appeal n. 1.810.440/SP was filed by Federal Congressman Tiririca against EMI Records, due to the alleged […]
New Decree Regulates the Brazilian Anticorruption Law
On July 12, 2022, the Brazilian Federal Government published Decree no. 11,129/2022 (“New Decree”), revoking Decree no. 8,420/2015 (“Revoked Decree”), and promoting changes in the regulation of the Brazilian Anti-Corruption Law – Law No. 12,846/2013. The New Decree will entered into effect on 18 July 2022, with the new rules already being applicable to the […]
Approval of the Regimental Structure of the CNPD
The National Council for Personal Data and Privacy Protection (“CNPD”) approved the Resolution CNPD n. 01, that established the CNPD’s Regimental Structure, providing rules regarding the entity’s structure and functioning. The CNPD is an advisory entity subpart of the Brazilian National Data Protection Authority (“ANPD”), with statutory authority to: propose strategic guidelines and provide subsidies […]
Transformation of the Brazilian National Data Protection Authority – ANPD into a Special Autarchy
On June 13, 2022, the Provisional Measure no. 1,124/2022 – (“MP 1,124/2022”), which transformed the Brazilian National Data Protection Authority (“ANPD”) into a special autarchy, with financial and administrative autonomy, changing the provision of Article 55-A of the Brazilian General Data Protection Law (“LGPD”) was edited. This transformation will grant the ANPD financial and administrative […]
McDonald’s LGPD Data Security Incident – Big Mac Data
In the past week, McDonald’s has informed that it was the newest subject to a data security incident involving clients’ personal data. The fast-food company sent an email to its clients informing that several client’s personal data as Taxpayer number (CPF), name, marital status, email, personal address and telephone number may have been exposed due […]
Release of the book “Asset Recovery in Brazil and Abroad” at the Brazilian Bar Association
Partner Gustavo Coelho and lawyer Fernando Naegele will participate in the release event of the book “Asset Recovery in Brazil and Abroad” on April 27, 2022. The event will be held at the Plenarium Evando Lins e Silva at the Brazilian Bar Association/RJ headquarters. The work was conducted by the Asset Recovery in International Fraud […]