Middle East Investment in Latin America: Key Legal Issues:
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domingo, 29 de junho de 2014
sexta-feira, 27 de junho de 2014
Mandatory changes to Internet User Agreements in Brazil
Brazil internet law has come into effect. Just the other day. You may find the bilingual text here (from
The Geneva Internet Platform).
Any internet company, any company that distributes software or apps, and basically any company that has a web page that can be used by Brazilians, will be forced to adapt its User Agreements and privacy policies to the new law.
The government is expected to publish a decree detailing the expected changed. But, from the text of the bill, we can make some assumptions.
This will be a very short list. You will find more detailed comments at http://www.privacylatam.com
i) Terms of Use offered to a broad public will automatically be subject to Brazilian consumer protection rules;
i.a) privacy protection rules shold always follow Brazilian law, whenever the access is made from Brazil (but not when a Brazilian access the website from abroad);
ii) It is mandatory to offer Brazilian forum as one of the options for litigation forum (it is not clear if this prevents arbitraitons, or if arbitration must be placed in Brazil);
iii) You can't sell user information to data collection companies or for publicity purposes, unless there is express and specific approval from the user;
iv) agreements shoul be made through special entities, detached from the main group, in order to avoid fines applicable to any company of the group;
v) sharing user's emails or other information with security agencies from other countries, without prior authorization from Brazilian courts, becomes illegal;
vi) permanent exclusion of all user's information should be allowed, upon request;
vii) companies must be ready to provide basic info on the user to criminal prosecutor, even in the absence of a court decision (the constitutionality of this provision is disbutable);
viii) user agreement must be written in easy and accessible language (it is not clear if it means clear Portuguese or if a clear English text will do).
Please read my other posts on this matter:
I will keep you posted as the subject develops.
The Geneva Internet Platform).
Any internet company, any company that distributes software or apps, and basically any company that has a web page that can be used by Brazilians, will be forced to adapt its User Agreements and privacy policies to the new law.
The government is expected to publish a decree detailing the expected changed. But, from the text of the bill, we can make some assumptions.
This will be a very short list. You will find more detailed comments at http://www.privacylatam.com
i) Terms of Use offered to a broad public will automatically be subject to Brazilian consumer protection rules;
i.a) privacy protection rules shold always follow Brazilian law, whenever the access is made from Brazil (but not when a Brazilian access the website from abroad);
ii) It is mandatory to offer Brazilian forum as one of the options for litigation forum (it is not clear if this prevents arbitraitons, or if arbitration must be placed in Brazil);
iii) You can't sell user information to data collection companies or for publicity purposes, unless there is express and specific approval from the user;
iv) agreements shoul be made through special entities, detached from the main group, in order to avoid fines applicable to any company of the group;
v) sharing user's emails or other information with security agencies from other countries, without prior authorization from Brazilian courts, becomes illegal;
vi) permanent exclusion of all user's information should be allowed, upon request;
vii) companies must be ready to provide basic info on the user to criminal prosecutor, even in the absence of a court decision (the constitutionality of this provision is disbutable);
viii) user agreement must be written in easy and accessible language (it is not clear if it means clear Portuguese or if a clear English text will do).
Please read my other posts on this matter:
Practical problems with the new Brazilian internet law (Marco Civil da Internet) - 1
I will keep you posted as the subject develops.
quinta-feira, 26 de junho de 2014
Kettling of public manifestations in the world cup ruled... UNCONSTITUTIONAL. At last!
I don't usually write about human rights, or any right not connected to economic liberty, but this is worth the exception.
A court from Belo Horizonte (my city) has ruled that corralling protesters is unconstitutional under Brazilian law.
This has been brought to my attention by Diego Valadares Vasconcelos, a bright young lawyer who is a reference in Human Right and International Law in Minas Gerais State. Mr. Vasconcelos has acted as amicus curies before the Brazilian Supreme Court, defending the cause of gay marriage. He has participated in several international moot courts and competitions, always with bright results. Diego is also a friend, and I have been an intern in his father's law firm in my formative years.
I'm giving you his CV because Diego has made a comment I wouldn't be able to conceive: he said Brazilian courts are giving a good example to the European Court of Human Rights, which has decided favourably to kettling in a much commented decisions. You may find the link to it here.
Specifically in this case, I agree. But I regret that, otherwise, Brazilian criminal law and criminal procedures are still very outdated, if not outright brutal.
The decision has been issued in the context of protests scheduled for the same day of Fifa" World Cup soccer matches. It is the first good thing that came out of the games, if anyone would ask me.
quarta-feira, 18 de junho de 2014
More thoughts on Brazilian taxation over foreign subsidiaries - Brazilians at a disadvantage | Capital Aberto
Brazilian magazined "Capital Aberto" has published an interesting article about the question that has been burning in my mind lately: Brazilian taxation of foreign subsidiareis.
Although the approach of the article is not new, it serves well as a review of the situtation up to this point.
Please click the link below to read it.
Brazilians at a disadvantage | Capital Aberto:
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terça-feira, 17 de junho de 2014
Alternative Latin Investor: Repercussions of Brazilian internet Law on interna...
My article on the new Brazilian internet rules has just been published by Alternative Latin Investor.You may read the magazine at http://www.aeinvestor.com/ (subscription required).
The original version of the article, before editing, can be found at the link below:
Brazilian Law Blog: Repercussions of Brazilian internet Law on interna...: The picture declares: Say NO to the Brazilian Internet Law. The new Brazilian internet law (Marco Civil da Internet), whic...
quinta-feira, 5 de junho de 2014
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