BRAZIL Law and Practice Contributed by: Thaís Vasconcellos de Sá, Bermudes Advogados
7.2 Policy Update When conducting an eventual update of the policies and procedures for crisis response, the company should keep in mind that not all crises are the same – on the contrary, the ele- ments of unpredictability of timing and extent (among others) are inherent when discussing a crisis. Any update on policies and procedures will have to be made with the same concerns as were suggested for drafting such documents in the first place: they should be detailed enough to be easily implemented but not too strict as to become unattainable or useless during a crisis. Proper responsibilities should be allocated to the executive/personnel involved in crisis response, and they should also have proper budgeting and mandates. One should not underestimate the importance of achieving a balance with these matters when establishing – or updating – inter- nal procedures and policies for crisis response. 7.3 Effectiveness Measurement and Benchmarking As the crisis management market and related procedures have only developed in recent years in Brazil, and given the inherent uniqueness of each crisis (and each company’s internal govern- ance), there are not yet general guidelines that could be sought and immediately adopted by all companies. Relying on external consultants with expertise and experience is thus even more important, as is having a tailor-made approach appropriate for each company’s situation. The points highlighted in this guide, however, already provide for important aspects to be taken into consideration when drafting internal policies and procedures, and when implementing train- ing and simulations for crisis response. Other means of gathering information include looking at what companies that faced complex and sig- nificant crises in Brazil have done, and reaching out to the people involved.
should also structure specific channels to com- municate with and receive/treat demands from third parties affected by the crisis. Usually, these involve dedicated free-of-cost telephone and message lines, a dedicated website and service centres at the affected areas. Employees or external consultants with social services exper- tise should be available through those lines and at those centres, together with external counsel with expertise in rendering these services. 7. Learning From Past Crises 7.1 Post-Crisis Review: Learning Lessons Once the height of the crisis has passed, the company should promote acknowledging and identifying mistakes and opportunities for improvement of its practices. This will involve: • a data review of the demands and respons- es received, based on the records taken throughout the crisis; • interviews with the key employees/executives involved in the response; and • open-comment events with the company’s employees for feedback. Depending on the type of crisis, internal investi- gations will also have been conducted to prop- erly identify the facts and/or missteps that led to the crisis or an inadequate response (a service that is also provided in Brazil by external law firms with expertise in internal investigations for crises). Once this assessment is done, the inter- nal procedures and policies for crisis response (if necessary and adequate) should also be updated, usually with the support of external consultants.
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