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A judge from the Small Claims Court in the State of São Paulo has ruled that a console operator cannot permanently lock the console in case of a user’s violation of the Terms and Conditions. According to the court’s ruling, under the Consumer Defense Code, blocking the user’s ID, even if established in the Terms and Conditions, may be considered as an abusive penalty since the user has no opportunity of defense nor the opportunity…

The Association for Child Safety (ANCED) filed seven class actions against game developers and companies that host platforms for game downloading, seeking an injunction to ban loot boxes in online games. Although there is no regulation for loot boxes under Brazilian statutory legislation, the class Plaintiff alleges loot boxes are harmful for children and teenagers, as it may trigger gambling disorders and it is largely based in advertising for children, which is strictly regulated under…

Happy Data Protection Day! The 28 January each year is celebrated as Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2021, we have summarised some of the key trends and developments in the EU, UK and beyond from a data protection perspective and looking ahead to what to expect for 2021. You can jump to specific country…

Brazil’s government has decided to postpone the effective date of its new comprehensive data protection law. On June 12, 2020, the Brazilian government published Law No. 14,010/20, which postpones the effective date of articles 52, 53, and 54 of the Brazilian General Data Protection Law (LGPD) to August 1, 2021. Those articles establish administrative sanctions that may be applied by the Brazilian Data Protection Authority (ANPD) for LGPD violations. Background and Effect of Brazilian General…

In this episode, Brian Hengesbaugh is joined by Flavia Rebello, a partner at Baker McKenzie in São Paulo, Brazil. Together, they discuss the new Brazilian data protection law. In this episode, you will hear: An overview of the new law — what’s covered, key requirements, and when it comes into forceWhat the penalty structure will look like and whether there are private rights of actionFlavia’s tips for how companies can prepare for the new law…

In recent years, many Latin American countries have issued regulations that promote the financial inclusion of citizens who do not have access to the financial system. However, each country has adopted a different approach.LatAm approaches to promoting financial inclusionBy way of example, Chile has promoted the use of a simplified bank account that can be opened easily and users only pay for the transactions they carry out. Brazil enacted a legal framework allowing micro insurances…