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Get to know the main suggested changes and the relevance of the project in the field of intellectual property in the country
Using Article 11 of the Civil Rights Framework for the Internet in Brazil to breach data confidentiality, the Supreme Court misinterprets the purpose of the provision, which is to protect personal data, weakening the warranties of fundamental rights.
With the National Data Protection Authority's priority issues now defined, processing agents can better formulate their compliance strategy for the next two years. Please see our review of the 10 topics on the agenda.
Companies can demonstrate in court the measures effectively taken to comply with the data protection law and regulations in order to protect themselves against liability.
Compliance initiatives in the public sector are still sluggish, and it is unclear whether courts and administrative bodies have fully understood the new legal framework brought about by the LGPD.
The new legislation takes effect as soon as the Brazilian President, Jair Bolsonaro, signs Executive Order 959.
Analisamos neste artigo algumas das obrigações impostas pelo PL das Fake News aos provedores de aplicações e seus possíveis efeitos, como a ampliação de sua responsabilidade civil e os riscos à liberdade de expressão e informação e ao direito à privacidade dos usuários.
The decision will have a significant impact on the global market and makes it even more urgent for Brazil to put into force the General Data Protection Law (LGPD) and create the Brazilian Data Protection Authority (ANPD).
The decision of the Brazilian Supreme Court recognizing the constitutional nature of the protection of personal data and the right to informational self-determination is an unquestionable advance on the subject in Brazil. In this article, we analyze the impacts of the decision as well as of other recent facts related to data privcacy for the public and private sectors.
The Brazilian government has included postponement in an Executive Order that addresses emergency benefits related to the covid-19 pandemic. The text now goes to Congress for consideration, which can still change deadlines.
With Bill No. 675/20, the Brazilian Chamber of Deputies wishes to prevent the credit history of "good payers" from being harmed by problems with default during the pandemic. The suspension would last until June 20.
Even with the likely confirmation of the postponement in the Chamber of Deputies, the installation of the National Data Protection Agency is urgent. It would bring in more efficiency to the management of personal data during the pandemic and more legal certainty to the process of adaptation to the LGPD.
Law No. 13,709/18, or the General Data Protection Law (LGPD), expressly consolidates the principles and rules of a positive framework for data protection in Brazil. Although it will only take effect on August 16, 2020, many of its rules are based on the current legal system. Practically all economic activities will be subject to the application of the LGPD, since the performance of any data processing operation[1] is enough for the standard to find factual support. In this article we specifically analyze the advertising industry,[2] more specifically children's advertising, and the processing of personal data of minors for this purpose.
On July 9th, law No. 13,853/2019, which amended Law No. 13,709/18 (the General Data Protection Law - LGPD) was published in the Official Gazette. The main changes are summarized below
What can be connected will be connected. This is the most important rule of the internet of things (IoT).
Presidential Decree 881/2019, called the Declaration of Economic Freedom Rights, is organized into five chapters and changes a series of laws, among which the most relevant are the Civil Code and the Brazilian Corporations Law. It has gained repercussion as a bet to catapult entrepreneurship, de-bureaucratize economic activity, and contribute to innovation, freeing startups from some bottlenecks caused by the Public Power.
After 176 amendments were presented and various public hearings were held, the joint committee formed by senators and deputies to review the Executive Order (MP) 869/2018, which amended Law No. 13,709/2018 (General Law on Data Protection - LGPD), voted on May 7 in favor of approval of the wording proposed in the report by Deputy Orlando Silva, also rapporteur for the special committee that approved the bill that originated the LGPD.
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