Data protection in Brazil: what to expect this year

In 2023, the Brazilian General Data Protection Law (LGPD) celebrates five years since its publication. Since its entry into force in 2020, the LGPD has come a long way, but there are several legal issues relating to the protection of personal data that still need further refinement.  Brazilian Data Protection Authority Among the main changes since the enactment of the LGPD has beenthe change in…

Brazil – new, stricter data protection rules take effect

Brazil has adopted a law introducing new and more stringent GDPR-style data protection provisions. On 14 August 2018 President Michel Temer sanctioned the new Brazilian General Data Protection Law (LGPD), which regulates the processing of personal data by individuals, private entities and public authorities. The LGPD reproduces some of the central points of the European General Data Protection Regulation (GDPR), which became effective on 25 May…

Brazil: Changes to outsourcing rules

Up until now, the courts have interpreted the law as meaning that it is illegal for a business to outsource its core business. Businesses could only lawfully outsource ancilliary activities. And yet, certain sectors, such as construction, clothing and the automotive industries have been consistently allowed to subcontract specialised services or parts of their processes.  The new Law turns this on its head by providing…

Sexual harassment at work: Global concern with local solutions

A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment…

The hidden dangers of “Uberizing” a workforce

Technology is changing how, when and where we work. With these changes come shifting attitudes in how workers view their relationship with employers. The “on-demand” economy purports to bridge this gap, giving workers flexibility to choose when to work and connecting employers with available skilled labor when they need it most. The on-demand model would appear to provide both workers and employers what they want….

Limiting competition from former employees in the US and Latin America

Like toothpaste squeezed from the tube, corporate goodwill, trade secrets and confidential business information are virtually impossible to recover once stolen by a former employee. To secure your business’s prized assets, restrictive covenants limiting the post-termination activities of former employees are an effective tool in the corporate arsenal.  These agreements are generally enforceable in the United States, provided they are supported by adequate consideration, narrowly…

Going local down in Alcapulco

For multi-national companies transferring senior executives to the Americas (specifically focusing on Mexico, Argentina and Brazil), there are a number of key employment issues that should be considered to avoid complications for your expat employees. Applying for a different visa may give rise to the assumption of an employment relationship which would become particularly relevant on termination. Expats in Mexico When relocating to Mexico the first…