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Trading restrictions

BRAZIL

Reported in 2014

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import ban
Brazil prohibits imports of all used consumer goods, including information and communications technology (ICT) products. Brazil also restricts the entry of certain types of remanufactured goods.
Coverage Used consumer goods, including information and communications technology (ICT) products
Source
  • USTR, 2014 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
Restrictions on data

BRAZIL

In December 2015

Chapter Content access  |  Sub-chapter Other restrictive practices related to content access
Court ruling
A local court has ordered Brazil’s telecoms companies to block access to WhatsApp application for 48 hours on 17 December 2015. The block was a punishment for WhatsApp failing to comply with a judicial order issued on 23 July 2015 to provide information for a criminal case. On 27 August 2015, the court notified WhatsApp again and set a fine for non-compliance. The court reinstated WhatsApp application a few hours after the first court order.
Coverage WhatsApp
Restrictions on data

BRAZIL


Chapter Intermediary liability  |  Sub-chapter Notice and takedown requirement
Lack of legislation
Brazil does not currently have takedown notice procedures for rights holders formalized in the law. Yet, recent case law has established that this is still an alternative to trigger liability for an infringement for an internet service provider. Brazil is among the top requesters to Google and other internet firms for content takedowns.
Coverage Platforms
Restrictions on data

BRAZIL

Since June 2014
Reported in July 2018

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Marco Civil da Internet

Projeto de Lei da Câmara n° 53, de 2018 (PLC 53/2018) (Personal Data Protection Law)
The Marco Civil da Internet introduced specific penalties on internet connection and application providers for data privacy violation. Any or all of the following penalties can be applied, regardless of further penalties: warning; fine of up to 10% of the gross revenues of the economic group in Brazil; temporary suspension of activities; permanent suspension of activities.

The Personal Data Protection Law introduces fines up to 2% of gross annual turnover of the company or 50 million Reais (approx. 11 million Euros). The violation of privacy rules can also result in a suspension of business activities. The Law is now pending the final signature by the Brazilian President and will enter into force 18 months after the official publication in the Federal Official Gazette.
Restrictions on data

BRAZIL

Since May 2018
Reported in July 2018

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
NT2 v Google LLC

Projeto de Lei da Câmara n° 53, de 2018 (PLC 53/2018) (Personal Data Protection Law)
In May 2018, a case involving a Brazilian prosecutor suing Google and Yahoo for the de-indexation of search results associated with his name set a legal precedent for the right to be forgotten in Brazil.

Additionally, Brazil's Personal Data Protection Law (PLC 53/2018) formally introduced the right to be forgotten as one of the data subjects rights. The Law is now pending the final signature by the Brazilian President and will enter into force 18 months after the official publication in the Federal Official Gazette.
Coverage Horizontal
Restrictions on data

BRAZIL

Since June 2014

Chapter Data policies  |  Sub-chapter Data retention
Marco Civil da Internet
According to the Marco Civil da Internet, internet applications access logs should be retained for a minimum period of 6 months by the internet application provider, while connection records of ISPs should be retained for a minimum period of 12 months.

On request from the Police Authorities, administrative authorities or the Ministry of Public Prosecution, the six month and one year terms can be extended.
Coverage Internet application providers and ISPs
Restrictions on data

BRAZIL

Reported in July 2018

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Projeto de Lei da Câmara No. 53 de 2018 (PLC 53/2018) (Personal Data Protection Law)
Similarly to the privacy regime in the EU, the Personal Data Protection Law allows the international transfer of personal data only in certain circumstances. The main conditions for such a transfer are that the recipient jurisdiction has an adequate level of data protection; the controller adduces adequate safeguards (for instance, by using model contract clauses, binding corporate rules or other contractual arrangements); the data subject has given his/her consent explicitly; or the transfer is necessary for the performance of a contract between the data subject and the controller. Similarly to the European rules, the law applies extra-territorially to all companies that target Brazilian consumers even when the company is not established in the Brazilian market. The Law is now pending the final signature by the Brazilian President and will enter into force 18 months after the official publication in the Federal Official Gazette.
Coverage Horizontal
Restrictions on data

BRAZIL

Reported in 2017

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Draft Public Procurement of Cloud Computing Services Guidelines
Brazil's Ministry of Planning, Development and Management issued guidelines which could force data localisation as a requirement for public procurement contracts involving cloud-computing services.
Coverage Public procurement of cloud-computing services
Restrictions on data

BRAZIL

Reported in 2017

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Proposed Regulation on Cybersecurity Policies and the Procurement of Data Processing, Data Storage, and Other Cloud Computing Services
Brazil's central bank has proposed a regulation which would prohibit financial institutions and other institutions regulated by the Brazilian Central Bank from using cloud computing services from providers that store or process information outside Brazil.
Coverage Financial services
Establishment restrictions

BRAZIL

since 2012

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Brazilian corporation law
Art. 146 of the Brazilian corporation law requires that all members of the management board ("diretoria") and executive officers of a joint-stock company must be resident in Brazil. For the case of Limited liability companies, managers must be Brazilian residents. If the shareholders want to elect a non-resident person as an officer, that individual must first apply for a permanent visa to obtain the required resident status in Brazil.
Coverage Horizontal
Establishment restrictions

BRAZIL

2004

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Normative Resolution 99/2012 of the National Council for Immigration, Article 5

Law 6815/1980 - Statute of Foreigners in Brazil

Foreigners Statute, Articles 22-25
Companies are required to demonstrate and justifiy the need for hiring a foreign worker. This must be done by showing the candidate has certain expertise and knowledge that cannot be found with a candidate from Brazil. The proposed contract will have to be approved by the Immigration Department of the Ministry of Labour.
Coverage Horizontal
Sources
Establishment restrictions

BRAZIL


Chapter Competition policy  |  Sub-chapter Competition
State-Owned Enterprise (SOE)
Telecomunicacoes Brasileiras SA (Telebras), the incumbent, is a state-owned enterprise.
Coverage Telecommunication sector
Establishment restrictions

BRAZIL


Chapter Competition policy  |  Sub-chapter Competition
WTO Reference Paper on Basic Telecommunications
Brazil has liberalized the telecom sector since 1994. However, it has not yet signed the WTO Reference Paper on Basic Telecommunications.
Coverage Telecommunication sector
Establishment restrictions

BRAZIL


Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Practice
Brazil has not put in place sufficient mechanisms to adequately address online piracy. Criminal enforcement against online piracy has stalled, and the informal cooperation of other players in the internet ecosystem remains inconsistent.
Coverage Horizontal
Establishment restrictions

BRAZIL

Since 1998

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Brazilian Copyright - Law 9610/98
Art. 46, 47 and 48 of the Brazilian Copyright Law make indirect references to the concept of fair use/fair dealing by regulating the exceptions to the exclusive rights held by copyright holders.

Moreover, Brazil is the only country in which any rightsholder who adds a "software lock" that restricts usage faces a fine.
Coverage Horizontal