BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados
ity ( Autoridade Nacional de Proteção de Dados ; ANPD). Technology transfer agreements – including for IP, know-how and software licences (if the trans - fer involves the software source code) – shall be registered with the National Institute of Indus - trial Property ( Instituto Nacional de Propriedade Industrial ; INPI) to produce effects for third par - ties, enable the licensee to proceed with the tax deductibility of amounts paid as royalties and technical service fees and legitimise the remit - tance of royalties abroad, in case of foreign licensors. It is noteworthy that Law No 14,286/2021, which regulates the Brazilian exchange market, amended Law No 8,383/1991 and established that technology transfer agreements do not need to be registered for the payment of royal - ties abroad. Telecommunications service agreements should contain information on conditions related to the price, accessibility and use of the services. Such information should be clear, objective, sufficient, written in easy-to-understand language and presented in a manner that allows adequate decision-making by the party contracting the services. Readjustment of the price paid for the services may only occur at least 12 months after they were contracted, and the agreement should define the readjustment criteria and frequency, in addition to the readjustment index. 7.2 Service Agreements and Interconnection Agreements Favourable terms may be negotiated between telecommunications service providers and cus - tomers, since free, broad and fair competition is ensured by the LGT. Acts contrary thereto, such as subsidies for an artificial price decrease and
the use of information obtained from competi - tors and resulting from service provision agree - ments, and which are aimed at achieving a com - petitive advantage, are prohibited. The LGT stipulates that interconnection between networks is mandatory. When entering into interconnection agreements, companies should ensure that the connection between telecom - munications networks is in compliance with the regulations in force, as well as compatibility between different providers, both national and international, such that users of one network may communicate with users of another network or access services available therein. 8. Trust Services and Digital Entities 8.1 Trust Services and Electronic Signatures/Digital Identity Schemes Brazil has had an advanced digital signature structure since 2001, when Provisional Measure No 2,200-2 (MP 2,200-2) was enacted, regulat - ing the use of electronic signatures in Brazil and creating ICP-Brasil. ICP-Brasil is composed of a managing authority and a chain of certifying bodies – ie, entities accredited to issue digital certificates. With this infrastructure, each digital certificate belongs to a person who has a pair of encrypt - ed keys, which must be controlled, used and known of only by that person. The rules estab - lished by the ICP-Brasil management authority determine that when a document is encrypted with a public key, it can only be decrypted with the corresponding private key, which means that the digital signature associates an entity/person with a pair of encrypted keys through asymmet - ric encryption.
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