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Interface between the new Clean Record Law and the General Data Protection Law
The Central Bank and the National Monetary Council (CMN) approved the missing rules[1] in order to regulate the Clean Record Law (Law No. 12,414/11), the wording of which was amended by Supplementary Law No. 166/19. Despite the regulations, there are still doubts about the implications of these laws for the privacy and security of personal data of Brazilian citizens, a topic that requires special attention because of the General Data Protection Law (LGPD). The interface between the Clean Record Law and the LGPD, considering its convergent and divergent aspects, is analyzed in this article.
Challenges protecting investors in technology companies
It is undeniable that technology is increasingly becoming a part of our routine. Who would have said ten years ago that we would pay our bills, invest, hail a cab, or shop with just a tap on a smartphone? These habits are so commonplace today that the next novelty is no longer greeted as a big surprise.
Cade sets rules for calculating fines for gun jumping
The Administrative Council for Economic Defense (Cade) has established new rules on the process in administrative proceedings for assessing merger acts (Apac), through which the agency investigates and punishes the early consummation of these acts, also known as gun jumping, and defined parameters for calculating the applicable fine. The changes were published in Resolution No. 24/19.
How to safely replace an appeal deposit with a performance bond?
The Labor Reform (Law No. 13,467/17) expanded the use of judicial performance bonds in the labor sphere. Already employed to ensure enforcement due to suppletory application of the Code of Civil Procedure, it was also provided for also by the new law in order to replace the appeal deposit, pursuant to paragraph 11 included into article 899 of the Consolidated Labor Laws (CLT).[1]
New legal framework on dam safety and disaster prevention
The breaking of a dam in Mariana in 2015 was not the first incident of its kind in Brazil, but it was a milestone for the mining industry for having caused extensive environmental and social damage in the states of Minas Gerais and Espírito Santo. As occurred after other large-scale events that were under wide media coverage in Brazil, the public understanding regarding the need for regulatory improvements, coupled with the opportunity for political action under the public’s attention, triggered legislative processes and amendments in dam regulations and disaster prevention in general. Thus, an intense process of changes in rules and regulations began after the incident.
The conversion into law of the Economic Freedom Executive Order and the new rules for piercing the corporate veil
Signed by the President of the Republic on September 20, Executive Order No. 881/19, the Economic Freedom Executive Order, was converted into Law No. 13,874/19, instituting the Declaration of Rights of Economic Freedom, which establishes rules for the protection of free initiative and the free exercise of economic activity.
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