backNewsletter (#004/2025) on Law and Technology by Campos Thomaz Advogados
Responsible Partner: Alan Campos Thomaz
Associate: João Marcelo Oliveira
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Innovative Services
- Specialized Digital Litigation
- Contract Management
- DPO & AI Ethics as a Service
Digital Platforms and Online Services
EU Fines Meta and Apple Millions Over Digital Markets Act Violations
The European Commission has fined Meta €200 million for violating the Digital Markets Act (DMA) through its “Consent or Pay” model, introduced in late 2023. The system required EU users of Facebook and Instagram to choose between accepting the use of their personal data for targeted ads or paying a subscription to avoid them. The Commission concluded this model failed to provide a meaningful alternative with reduced data processing and did not allow users to freely consent to the combination of their data across Meta’s services. Learn more.
STJ Launches Judicial Center for Conflict Resolution with a Focus on Active Listening and Support
The Superior Court of Justice (STJ) has officially opened the new Judicial Center for Conflict Resolution (Cejusc/STJ), designed as a welcoming space focused on active listening and consensual dispute resolution. Located in the Administrative Building, the space was created to facilitate mediation and conciliation, even in cases already pending before the high court. STJ President Minister Herman Benjamin emphasized the importance of leading by example, noting that consensual methods are both a right of the parties and a duty of Brazilian judges. Learn more.
M&A, Investments, and Venture Capital
Cade Updates FAQ on Merger Notification Criteria
On April 23, 2025, the Administrative Council for Economic Defense (Cade) updated its Frequently Asked Questions (FAQ) regarding the notification criteria for concentration acts, addressing six main areas related to the analysis of corporate transactions. Notable points include the rules for calculating revenue and the configuration of economic groups, including the treatment of intra-group sales and the requirement that revenue thresholds must be met by at least two economic groups involved. The FAQ also clarifies the concepts of unitary and shared control, as well as stating that intra-group corporate reorganizations do not require notification unless new shareholders enter. Learn more.
Labor
Inclusion of Psychosocial Risks in GRO Takes Effect on May 26, 2025
Starting from May 26, 2025, psychosocial risk factors will be formally integrated into the Occupational Risk Management (GRO), as outlined in the update of NR-1 by Ministerial Ordinance MTE No. 1,419/2024. The measure will be implemented on an educational basis until May 2026, when inspections may result in penalties. The goal is to allow companies to gradually adapt and promote healthier work environments, focusing on the prevention of occupational diseases related to factors such as excessive workload, unattainable goals, harassment, and communication failures. Learn more.
FinTechs, Banks, Financial Services, and Virtual Assets
If you thought Pix was the peak of innovation in digital payments, it’s time to look ahead to what’s coming next: agentic payments. Mastercard and PayPal have announced initiatives for automated payments through AI agents, marking a new frontier in the way we conduct financial transactions. Additionally, we highlight the Central Bank’s public consultation on sustainability asset and liability accounting, the release of the new Financial Stability Report, and progress in discussions around tokenization and security in digital payments.
Stay updated with the latest developments and resources on Fintechs, Banks, Financial Services, and Virtual Assets. In our Newsletter #004/2025, we cover topics such as Open Finance, Virtual Assets, Bank as a Service, Tokenization, and Artificial Intelligence. Learn more.
Artificial Intelligence
Stay updated on Artificial Intelligence news in our Newsletter #004/2025, featuring highlights such as the sanctioning of Law 15.123/25, which increases penalties in cases of violence against women involving deepfakes, and the Chinese regulation requiring watermarks on AI-generated content. In the United States, Virginia passed the first state AI law in 2025, while U.S. courts denied a preliminary injunction to music publishers against Anthropic. In Brazil, Bill 2.338/2023 is expected to progress in the Chamber, with new discussions on AI regulation. We also bring updates on the Coaf ordinance, which restricts the use of generative AI by public servants, and the investigation opened by the Irish authority against platform X regarding the use of personal data in training AI Grok. Subscribe to our newsletter for more updates and stay tuned for our content on ethics, governance, and AI regulation. Learn more.
Privacy and Data Protection
In our Privacy and Data Protection Newsletter #004/2025, we cover ANPD Resolution No. 19/2024, which regulates the international transfer of data, focusing on Standard Contractual Clauses (SCCs) and other mechanisms to ensure data protection. We also highlight the advantages and disadvantages of the DPO as a Service model in light of the new ANPD regulations, as well as the selection of USP for consulting in the AI regulatory sandbox. We discuss the extension of the UK’s adequacy decisions by the EU, allowing the continuation of data flows. In the Judiciary, we comment on the decision that authorizes access to digital platform data for locating debtors. Additionally, we cover the update on ANPD’s channels for reporting and communicating security incidents and the new interactive panel on security incidents. Subscribe to our newsletter for more content on privacy, data protection, and cybersecurity. Learn more.
Irish Data Protection Commission Fines TikTok €530 Million
The Irish Data Protection Commission (DPC) has announced its final decision in an inquiry into TikTok, examining the legality of transferring personal data of users in the EEA to China. The DPC found that TikTok violated the General Data Protection Regulation (GDPR) by failing to ensure that user data was adequately protected, as required by EU law. The investigation also identified issues with TikTok’s transparency in informing users about these transfers. As a result, TikTok was fined €530 million and ordered to bring its processes into compliance with the GDPR within six months, or face suspension of data transfers to China. Learn more.
HealthTechs
Anvisa Maintains Prohibition of E-Cigarettes in Brazil
On April 19, 2025, Anvisa decided to uphold the prohibition of electronic smoking devices (ESDs), including e-cigarettes. The regulatory update reinforces the ban on the manufacturing, importation, commercialization, distribution, storage, and advertising of these products in Brazil, with no exceptions for personal use or travel luggage. This measure is based on the latest scientific evidence and a regulatory history dating back to 2009. The use of any smoking device remains prohibited in enclosed public spaces under Law 9.294/1996. Anvisa is committed to periodically reviewing the technical literature on the topic and accepting new scientific data for analysis. Learn more.
Sports Betting, E-Sports, and Gambling
News: Government Expands Betting on eSports and Online Games
The Brazilian Ministry of Sports has expanded the list of eligible sports for fixed-odds betting, now allowing more types of online games, including shooting games, to be approved for betting in the country. The change was formalized through a decree published in the Official Gazette, updating previous legislation to allow eSports tournaments to be eligible for betting as long as they have the proper authorization from game developers. Previously, only eSports recognized by the International Olympic Committee (IOC) were allowed for betting, excluding some popular game types. Learn more.
Enclosed is an in-depth analysis of the growing sports betting market in Brazil. Our special feature addresses the Regulation of Sports Betting, providing a detailed examination of the new legislation and its implications. Additionally, we explore the rules and challenges surrounding Betting Advertising in the country, as well as issues related to the Intellectual Property of Betting Operators. These materials are crucial for those seeking to understand the legal and strategic landscape of this expanding sector. Learn more.
Tax
See our summary guide on Brazilian taxation. 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.
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.
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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