Newsletter (#001/2025) on Law and Technology by Campos Thomaz Advogados

Alerts, materials, and updates on Law and Technology.

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Digital Platforms and Online Services

STF Ruling on the Constitutionality of Article 19 of the Internet Act and Platform Liability

The Supreme Federal Court (STF) resumed the judgment in December 2024 regarding the constitutionality of Article 19 of the Internet Act(MCI), which discusses the liability of digital platforms for user-generated content. In his vote, Minister Luís Roberto Barroso partially diverged from the rapporteurs, Ministers Dias Toffoli and Luiz Fux, proposing that platforms should only be held accountable when they fail to comply with judicial orders to remove content. Furthermore, Barroso suggested a responsibility model based on the “duty of care,” where platforms must proactively mitigate risks and prevent harm, including the obligation to publish annual transparency reports, especially for those with more than 10 million users. The trial was suspended after a request for review by Minister André Mendonça, who has until April to present his vote. Learn more

Court Decision Orders Suspension of Motorcycle Taxi Mediation Services in São Paulo

On January 27, 2025, Judge Eduardo Gouvêa of the 7th Chamber of Public Law at the São Paulo State Court of Justice (TJ-SP) ordered the suspension of paid motorcycle transport intermediation services, commonly known as “mototáxi”, provided by the sector’s main platforms. The São Paulo City Hall argues that municipal decree 62.144/2023 prohibits motorcycle transport via apps in the city. The platforms, in turn, rely on previous judicial rulings and federal law 13.640 of 2018, which establishes individual private passenger transport guidelines within the National Urban Mobility Policy framework.

In partnertship with iTechLaw Association, Campos Thomaz Advogados has produced a Guide on How to Establish a Technology Company in Brazil

The guide covers corporate structures, taxation, intellectual property, artificial intelligence, privacy and data protection, hiring employees and service providers, and more. Learn More.

Content Moderation and Misinformation

Meta Announces Changes to Content Moderation and Fact-Checking Policies

Meta announced significant changes to its content moderation and fact-checking policies. The updates include a relaxation of restrictions on discussions about immigration, gender identity, and sexual orientation, as well as the discontinuation of its third-party fact-checking program. Instead, the company will implement a “community notes” system, allowing users to correct information, similar to the model used by Elon Musk’s platform X. Learn more

M&A, Investments, and Venture Capital
Check out our website’s exclusive content on essential topics for entrepreneurs and investors. Explore the nuances of corporations in our articles “Corporations No. 1 and No. 2,” learn about setting up companies in the U.S. and Cayman Islands, and discover how anti-dilution clauses and stock options work. Don’t miss insights on Brazilian convertible notes and their benefits, as well as a guide on survival, longevity, and success for funded startups. Learn More.

Tax
Our website offers essential materials for those looking to better understand Brazil’s taxation regimes, particularly for technology companies. Subscribe to our newsletter and stay updated on key analyses and developments in tax reform. Learn More.

Artificial Intelligence
Stay up to date with the latest developments in Artificial Intelligence through updated content and in-depth analyses. In our Newsletter #001/2025, we cover news such as the Senate’s approval of AI regulation, new opinions from the EDPB on the use of personal data, and important decisions from the ANPD, including the suspension of data use from minors by X. Corp’s generative AI. Explore academic works by Alan Campos Thomaz, addressing topics like data protection in AI and image-based diagnostics. Subscribe to our newsletter to keep track of this constantly evolving landscape. Learn More.

Privacy and Data Protection
Stay informed about key events and resources on Privacy and Data Protection. In our Newsletter #001/2025, we highlight materials such as the Regulatory Panorama, the LGPD Infographic, and a summary of the 15 most significant events in 2024 in this field. Learn about ANPD investigations, the new Regulatory Agenda for 2025-2026, and the guidance document for Data Protection Officers. Don’t miss updates on International Data Transfers and Standard Contractual Clauses (SCCs). Subscribe to our newsletter to stay ahead in this vital area! Learn More.

Intellectual Property
Keep up with the latest updates and guidance on intellectual property protection with our exclusive guide, which offers comprehensive insights on safeguarding your company’s intellectual assets. Additionally, follow recent alerts, such as the impact of using trademarks as keywords in sponsored ads and the new INPI regulations on technology contracts. Learn More.

Media, Entertainment, and Digital Influencers
Follow current issues concerning the role of digital influencers in the market, including their participation in sectors like betting and the market regulated by B3. Understand the challenges and regulations surrounding this growing and impactful activity. Additionally, learn more about post-mortem image rights, an increasingly relevant subject in the legal and technological landscape. Learn More.

Sports Betting, E-Sports, and Gambling
Dive into an in-depth analysis of Brazil’s growing sports betting market. In our special feature, we explore the Regulation of Sports Betting, delving into the details of new legislation and its impacts. Discover rules and challenges related to betting advertising in the country and issues regarding betting operators’ intellectual property. These materials are crucial for those seeking to understand this expanding sector’s legal and strategic landscape. Learn More.

FinTechs, Banks, Financial Services, and Virtual Assets
In our Newsletter #001/2025, we highlight a range of current and important topics for the financial and regulatory markets, such as Open Finance, Virtual Assets, Bank as a Service, Tokenization, and Artificial Intelligence. Stay informed about open public consultations, legislative updates from the Central Bank and CVM, and relevant aspects regarding crypto companies and exchanges. Learn about the provisional measure on PIX taxation and changes to rules on property guarantees, brokerages, consortium administrators, payment services, securitization, and more. Learn More.

HealthTechs
In our newsletter, follow recent alerts on significant regulations in the healthcare sector, including the approval of Resolution 738/2024 by the National Health Council, which regulates the use of databases in scientific research in the health field involving humans, and new guidelines for Private-Public Partnerships (PDPs). Additionally, stay updated on CFM’s changes regarding medical advertising. Learn More.

AgriTech
Our newsletter features an AgriTech Special covering key topics transforming agribusiness. Discover how agribusiness technologies impact civil liability, explore innovative financial products for the sector, and follow issues related to data and privacy, intellectual property, and the importance of ESG Finance in the context of AgTechs. The content also addresses the relevance of cultivars, M&A processes, investments, and venture capital in Brazilian agribusiness and corporate challenges in this segment. Learn More.

 

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