Partner Vinicius Marques de Carvalho participates in public audition about ADC 51

Our partner Vinicius Marques de Carvalho participated in a public hearing at the Federal Court of Justice about the access to data stored abroad, subject of the Declaratory Action on Constitutionality (ADC) 51, by which the Association of Brazilian Information Technology Companies (Assespro) and Facebook try to enforce the Judicial-Criminal Assistance Agreement signed between the Brazilian and the United States governments. Vinicius reinforced the importance of the international cooperation in subjects like this.

Data Protection in regulated sectors

In the Competition and Regulation column in JOTA, partner Marcela Mattiuzzo and attorneys Frederico Haddad and Paula Pedigoni Ponce seek to address the application of the General Data Protection Act (LGPD) in regulated sectors, and especially the challenges of seeking systematic interpretations of the new law with rules already established in each specific sector and the jurisdiction conflicts that may arise in this context. [+]

Marcela Mattiuzzo moderates panel at IAPP Europe Data Protection Congress 2019

VMCA partner Marcela Mattiuzzo moderated a panel at the IAPP Europe Data Protection Congress 2019, which is taking place in Brussels (Belgium) this week, from November 18th to 21st.

Entitled “Data Protection and Competition: Building and Burning Bridges”, Marcela’s panel included as speakers Christian D’Cunha (Head of the Private Office, European Data Protection Supervisor), Marianne Faessel (DPO, Advisor for International Affairs, Autorité de la Concurrence, France), and Gene Kimmelman (Senior Fellow, Public Knowledge), and discussed what is the interface between data protection and competition, what it should be, and how these policies should interact.

VMCA Partner talks to Capital Aberto magazine about the two-month-long delay in nominations which paralyzed CADE

Partner Vinicius Marques de Carvalho talked to Capital Aberto magazine about the two-month-long delay in nominations which paralyzed CADE from July to September.

While awaiting for the Federal Government new nominations, CADE’s Board of Directors had only two members and four empty positions, meaning the agency was not able to form the quorum required to rule on upcoming mergers. The lack of commissioners halted all meetings from bthe beginning of July to the end of September, and the backlog of cases reached 70 deals.

According to Vinicius, in addition to these 70 deals, it’s impossible to mensurate how many operations might have been canceled or suspended by the parties due to the lack of quorum.

Full article available here.

JOTA’s VMCA column discusses CADE’s cease and desist agreements in unilateral conduct

In VMCA’s column published by Jota in September, André Ferraz and Rebeca Souza addressed CADE’s use of cease and desist agreements (TCC) in cases of unilateral conduct. “The problem lies in the fact that improper sanction in an administrative proceeding involving unilateral conduct (false positive) could often be a solution potentially more damaging to the market”.

Read the full article here.

Marcela Mattiuzzo talks to Época Negócios about the Congress decision to overrides vetoes on LGPD

VMCA partner Marcela Mattiuzzo talked to Época Negócios magazine about the Brazilian Congress decision to override President Bolsonaro’s vetoes on the law that created the Data Protection National Authority (ANPD, in its Portuguese Acronym). With this decision, it was reestablished that companies who break the Personal Data Protection General Law (LGPD) will have their database operations suspended.

According to Marcela, the law currently does not define what “automated decisions” are, but there is a Senate bill on artificial intelligence that would address the issue.

“Creating a legal definition to something that will necessarily evolve over time is reckless. What is automation and what is an automated decision will change over the years,” she says.

Full article available here.

Chambers Latin America 2020 recognizes VMCA among the Brazilian leading firms in Competition

The British publication Chambers and Partners included VMCA and its founding partner Vinicius Marques de Carvalho among Latin America’s leading firms and practitioners in the Competition practice in its recent launched Chambers Latin America 2020 guide.

“In addition to having an in-depth knowledge of competition law, he can offer a different perception of Cade, thus allowing us to better present the case before the authority”, stated a client heard by the publication, which also stressed that Vinicius is widely recognised by market commentators for his past experience as a former president of CADE. Another one pinpointed as one of the firm’s strength “the excellent results obtained by the team and their business-oriented approach.”