BRAZIL Law and Practice Contributed by: Ricardo Barretto Ferreira da Silva and Camila Sabino Del Sasso, Azevedo Sette Advogados
arises automatically upon creation, without the need for registration – although optional registra - tion with the INPI is recommended for eviden - tiary purposes – and the economic rights last for 50 years from January 1st of the year following the software’s publication or creation. Trade secrets are legally protected in Brazil pri - marily through the unfair competition provisions of the Industrial Property Law, as well as con - tractual and civil liability frameworks. Although not regulated by a specific “Trade Secrets Act”, Brazilian law offers effective mechanisms for protecting confidential business information. Moreover, certain agreements involving indus - trial property, technology transfer, and techni - cal assistance must be registered with the INPI to authorise remittances abroad and to ensure legal effectiveness against third parties. Data protection is recognised as a fundamental right in the Constitution, which establishes prin - ciples on privacy and data protection and states the inviolability of the privacy, private life, honour and image of individuals, ensuring the right to compensation for both economic and non-pecu - niary damages resulting from violations. Currently, the main regulation governing data protection in Brazil is the Brazilian General Data Protection Act (Law No 13,109/2018) ( Lei Geral de Proteção de Dados Pessoais , or LGPD), which was enacted in August 2018 and became Bra - zil’s comprehensive data protection framework, similar in structure and purpose to the European Union’s General Data Protection Regulation. 8. Data Protection 8.1 Applicable Regulations
The LGPD is built on key principles including purpose limitation, data security, transparency, free access for data subjects, harm prevention, and non-discrimination. It also imposes an obli - gation on data processing agents to appoint a data protection officer (DPO), whose contact information must be made publicly available to facilitate the exercise of data subjects’ rights. In addition to the LGPD, Brazil has specific leg - islation addressing internet governance, which is the Brazilian Civil Rights Framework for the Inter - net (Law No 12,965/2014) (the “Internet Law”). The Internet Law establishes a legal foundation of principles, guarantees, rights and responsibili - ties for the use of the internet in Brazil. Brazil has also other laws and regulations gov - erning data protection, as follows: • Decree No 8,771/2016 – regulates the Brazil - ian Civil Rights Framework for the Internet, dealing with issues such as data packet discrimination and data protection by con - nection providers; • the Consumer Code (Law No 8,078/1990) – establishes principles of transparency, accuracy of information and quality of data in consumer relations; • The Civil Code (Law No 10,406/2002) – pro - vides general privacy rights and legal rem - edies for individuals whose privacy has been violated by third parties; • Law No 14,129/2021 (the “Digital Government Law”) – sets forth principles, rules, and instru - ments for increasing the efficiency of public administration, emphasising the need for compliance with the LGPD for data protection and privacy in government operations while considering innovation, digital transforma - tion, citizen participation, and the reduction of bureaucratisation;
79
CHAMBERS.COM
Powered by FlippingBook