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Enforcement of Trade Secrets In Germany (Video) – Intellectual Property | Instant News


German: Enforcement of Trade Secrets In Germany (Video)

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Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a partner living in Munich, explains why this action still requires careful consideration of German procedural law, with a focus on preparing evidence, and an emphasis on defining cases clearly before filing.

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The contents of this article are intended to provide general guidance on the subject matter. Specialist advice should be sought about your particular circumstances.

POPULAR ARTICLE ABOUT: Intellectual Property from Germany

Brexit: what will finally happen on January 1, 2021?

Dennemeyer Group

Only 75 days are left until the end of the Brexit transition period on December 31, 2020. Although negotiations between the EU and UK governments on a free trade agreement are still ongoing.

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Enforcement of Trade Secrets In Great Britain (Video) – Intellectual Property | Instant News


ENGLISH: Enforcement of Trade Secrets In Great Britain (Video)

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The issue of misuse of trade secrets in the United Kingdom is governed by the EU Trade Secrets Directive, which sets out basic requirements and enforcement across Europe. Partner Rebecca Swindells spoke of the challenges of initiating trade secret claims in the UK, the importance of thorough preparation before action, and the solutions available to trade secret abuse.

The contents of this article are intended to provide general guidance on the subject matter. Specialist advice should be sought about your particular circumstances.

POPULAR ARTICLE IN: Intellectual Property from the UK

Brexit: what will finally happen on January 1, 2021?

Dennemeyer Group

Only 75 days are left until the end of the Brexit transition period on December 31, 2020. Although negotiations between the EU and UK governments on a free trade agreement are still ongoing.

How to Prove ‘Passing Off’

Gowling WLG

‘Passing off’ has no legal basis and does not need to be registered to be effective.

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Swiss DPA Concludes That Swiss-US Privacy Protection Does Not Provide An Adequate Level of Protection – Privacy | Instant News


The whole world: The Swiss DPA Concludes That The Swiss-US Privacy Protection Does Not Provide An Appropriate Level Of Protection

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The impact of Schrems II the judgment continues on Tuesday with announcement from the Swiss Federal Data and Information Protection Commission (FDPIC) that the Swiss-US Privacy Protection regime “does not provide an adequate level of protection for data transfers from Switzerland to the US in accordance with [Switzerland’s] Federal Data Protection Act (FADP). “

In a a seven-page policy paper, The FDPIC observes that although Switzerland is not bound by the CJEU
Schrems II legal decisions and no comparable Swiss legal judgments, yet felt “compelled not only to reassess the US’s current position on the” list of Swiss countries with adequate data protection, “but also to provide more detailed legal justification for” its decision to amending that list with respect to the US.

Track Schrems II In that decision, the FDPIC concluded that the potential impact of US surveillance laws on the personal data of Swiss residents without adequate compensation “cannot be reconciled with” the right to privacy guaranteed by the FADP. The FDPIC reasoned: “Because there is no guarantee of rights that will provide protection to interested persons in Switzerland comparable to that provided by [Swiss law], FDPIC considers that data protection in art. 6 Para. 1 FADP is not sufficient in the US, even for the processing of personal data by US companies certified below [Swiss-US Privacy
Shield] regime.”

The FDPIC noted that they do not have the authority to overturn the Swiss-US Privacy Protection regime and its judgment is “subject to a deviant decision by a Swiss court.” As a result, the regime “can be used by those with an interest in Switzerland as long as it is not repealed by the United States.” However, the FDPIC amended its list to show that the rights conferred by the regime “do not meet the adequate data protection requirements defined in the FADP.”

The FDPIC also keeps track of files Schrems II decisions regarding the use of Standard Contract Clauses (SCC) and binding company rules. The FDPIC concluded that securing such contracts “cannot prevent foreign authorities from accessing private data if the importing country’s public laws take precedence and allow official access to the transferred personal data without adequate transparency and legal protection of the person concerned.” The FDPIC was quick to point out that this was true not only for transfers to the US, but also to other countries that were inadequate.

The FDPIC concludes by providing three practical tips for Swiss companies transferring data to countries where there is no determination of sufficiency.

First, companies that rely on contract terms, such as the SCC, should carry out risk assessments and expand contract clauses (where possible) to address host country laws.

Second, companies need to consider whether the laws of the recipient country allow data to be transferred to be “subject to special access by local authorities” and whether the receiving company is in a position to enforce Swiss data protection principles.

Finally, in such situations, Swiss data exporters “should consider technical measures that would effectively prevent the authorities in the destination country from accessing the transferred personal data.” According to the FDPIC:

If data is only stored in the cloud by service providers in unregistered countries, for example, encryption will be possible, according to the principles of BYOK (bring your own key) and BYOE (bring your own encryption), so that no individual personal data will be available in the country destination and if the service provider does not have the possibility to decode the data itself. However, for services in the target country that go beyond mere data storage, the use of such technical measures is demanding. If such measures are not possible, the FDPIC recommends not to transfer personal data to unregistered countries on a guaranteed contract basis.

As previously mentioned post, The EDPB and the European Commission are on track to provide further guidance on cross-border data transfers
Schrems II in the coming months.

The contents of this article are intended to provide general guidance on the subject matter. Specialist advice should be sought about your particular circumstances.

POPULAR ARTICLES ON: Privacy from Around the World

Schrems II Series: Defense of the United States

Charles Russell Speechlys LLP

Since the company’s decision Schrems II CJEU has been haunted by uncertainty surrounding the transfer of personal data from the EU to the US. Invalid Privacy Protection …

Cookies and Consent: What’s New in France?

Global Alliance of Advertising Lawyers (GALA)

On 1 October 2020, the French Data Protection Agency published “Recommendations” documents and Guidelines (both published on 17 September 2020) relating to the use of tracking technologies (for example, cookies).

Second Largest GDPR Fines Issued In Germany

Cooley LLP

On 1 October 2020, the Hamburg Data Protection Authority (DPA Hamburg) announced that it had fined a subsidiary of German clothing retailer H&M (German H&M) …

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Immigration Deadline: Countdown to Continue 3 November 2020 – Immigration | Instant News


Brazil: Immigration Deadline: Countdown to Continue 3 November 2020

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On 21 October 2020, Ordinance 18 of the Ministry of Justice was issued, continuing – on 3 November 2020 – the countdown to specific immigration deadlines.

In adopting protective measures in response to the COVID-19 public emergency, the Federal Police previously suspended certain immigration deadlines on March 16, 2020.

The new regulations stipulate that documents related to standard immigration procedures, including the National Immigration Registration Card (CRNM) which expired on March 16, 2020, are still accepted and can be used for entry into Brazil and registration until March 16, 2021.

For expats in Brazil, the period from 16 March 2020 to 03 November 2020, does not count towards the maximum period to stay in Brazil each year (calculated from entry to Brazil).

With regard to temporary visas – which since the entry into force of the new Immigration Law (Law No.13,445 / 2017), cover several purposes, such as work, study, medical treatment and family reunions – the residence permit deadline will remain in effect, starting from the day of entry into Brazil, regardless from the day of registration. Temporary visas can be registered until March 16, 2021, or, if returning to Brazil, within 90 days from the date of re-entry.

Our team is available to provide more information on this procedure.

Visit us at Tauil & Checker

Founded in 2001, Tauil & Checker Advogados is a full-service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses in their domestic and cross-border activities and offers clients a wide range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environment; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and bankruptcy; tax; and real estate. The company has a strong and long-lasting presence in the energy, oil and gas, and infrastructure and pension funds and investment industries. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become “Tauil & Checker Advogados in association with Mayer Brown LLP.”

© Copyright 2020. Tauil & Checker Advogados, a Brazilian legal partnership associated with Mayer Brown. All rights reserved.

This article provides information and commentary on legal issues and interest developments. The foregoing is not a comprehensive treatment of the subjects covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action on the issues discussed here.

POPULAR ARTICLE ON: Immigration from Brazil

Permanent Residence In Panama

CLD Legal

Currently the Republic of Panama offers several types of visas which provide temporary, permanent and even short-term residency. Even so, our clients prefer a more stable solution, so they try …

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Compliance In Brazil: What Makes This Such a Complex Environment? – Corporate / Commercial Law | Instant News


Ranked second in the TMF Group’s Global Business Complexity Index (GBCI) 2020 and fourth in our Rules, Regulations and Penalties report, Brazil can be a tough market to do business with. This is what contributes to complexity.

Long incorporation times, varying regional requirements, and complex taxation and accounting rules all play a role in making Brazil a challenging compliance environment.

Combining complications

The American region is highlighted in GBCI report because it has the longest incorporation time for private companies and businesses to be asked to interact with multiple entities to set up. In Brazil, this process can take up to 20 working days or more, depending on the type of activity being developed.

This delay can prevent foreign investors or multinational companies from entering the market. Factors such as the type of company that is set up, the location of operations, and the nature of business activities undertaken can influence the time it takes to set up a company in Brazil. In addition, national, state and municipal governments need to be informed about company registration – a factor contributing to Brazil’s high ranking in RRP report.

Regional nuances, local rules

Telling multiple authorities isn’t the only challenge: Brazil’s regionalized structure means that the processes to follow and the requirements to meet often differ between states. It can be difficult for foreign investors to understand the nuances of these layered local compliance rules, especially since different regulations can apply to international and local businesses wishing to trade in Brazil.

For example, import laws impose certain requirements for foreign companies wishing to bring goods into Brazil. An entity must first be established locally, with a director who is a resident of the country and has a Brazilian bank account and tax ID. Failure to meet such requirements could derail the company’s ability to operate in these jurisdictions and could even result in penalties or fines being awarded, companies that do not appoint new directors may be suspended from registering with the Federal Revenue Service until such regularization.

Tax and accounting

A source of anxiety for international organizations is the complexity of Brazilian rules and regulations on accounting and taxes. There are dozens of different tax regimes, and businesses must comply with tax regulations at the city, state, and federal levels.

“Despite the progress made in recent years towards digitalization and simpler taxes, including the launch of an eSocial digital system, Brazil remains a very complex business environment, with dozens of different tax regimes.” – Rodrigo Zambon, Sub-Regional Director, TMF Brazil

To ensure that the correct amount of tax paid, companies must identify correctly which tax structure applies to their company. Factors such as the classification of the entity concerned and the type of business carried on are taken into consideration in determining this.

For some time, the Brazilian Congress has been contemplating reforming the tax system, to make it leaner and simpler for both foreign entities and domestic businesses. Until meaningful changes are implemented, the tax and financial reporting landscape remains difficult to navigate.

Supervision and punishment

The Central Bank of Brazil (BCB) has taken a more proactive stance and is increasingly examining the accuracy and validity of corporate financial reporting, especially with regard to foreign capital. BCB has the power to impose hefty penalties for misreporting, so lack of awareness of the financial reporting regulations and mandatory certification required by BCB can be costly.

There are obligations that companies must pay attention to, such as mandatory declarations of financial transactions, as well as renewals throughout the fiscal year.

There are also strict rules regarding the Ultimate Beneficial Owner (UBO) business. Since the regulation in 2017, companies are required to submit their UBO identity statement. This information must be provided to the Brazilian Federal Receita (RFB) within 90 days of establishment, whether they are a Brazilian or foreign entity. Failure to do so, or incorrect UBO reporting, carries a severe penalty – the suspension of the company’s National Corporate Taxpayer Registration (CNPJ), effectively halting the company’s operations in Brazil.

Change on the horizon

As governments look inward to protect national interests amid the COVID-19 pandemic, they also recognize the need to attract foreign investment to boost their economies.

In addition to assistance schemes that extend deadlines for financial reporting and allow businesses to apply for support, efforts are being made to streamline processes around compliance and incorporation in Brazil, to make this market more attractive to foreign investors.

The way businesses interact with authorities is being improved, with the introduction of systems such as eSocial, and the digitization of administrative procedures such as notaries. Due to Brazil’s regional structure, the level of sophistication and adoption can still vary between states.

The government is also working to simplify the business environment and harmonize it globally by signing international agreements. It aims to bring Brazil in line with other countries, by adopting international standard requirements around which business information must be provided to authorities when entering or submitting financial reports.

We can help

Brazil’s complex and evolving compliance environment is difficult to negotiate. Investors and companies looking to expand internationally and explore new opportunities in this market can easily bypass rules and regulations, and penalties for doing so can be expensive.

We TMF Brazil experts can help you explore the country’s compliance landscape. We can help you manage your risk and regulatory obligations to stay compliant. Our work ranges from local legal bookkeeping to filing compliance and managing tax and reporting obligations.

The contents of this article are intended to provide general guidance on the subject matter. Specialist advice should be sought about your particular circumstances.

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