Introduction of additional Social Contribution on Net Profit (“CSLL”) rate, in alignment with OECD’s Pillar 2 initiative
On October 3rd, Provisional Measure 1,262 (“MP 1,262”, equivalent to an executive order) was enacted, introducing OECD’s Pillar 2 rules to the Brazilian tax system. Although it still needs to be approved and converted to Law, (if approved) no major changes are expected as it should not deviate from the OOECD’s GloBE rules model.
The Brazilian Data Protection Authority approves regulation on international data
The Brazilian Data Protection Authority (“ANPD”) published, on August 23, 2024, Resolution CD/ANPD No. 19/2024, which approved the new Regulation on International Transfer of Personal Data (“Regulation”). The Regulation details and sets specific obligations to enable the transfer of personal data by processing agents to other countries and international organizations, particularly the international transfer mechanisms listed in Article 33 of the Brazilian Data Protection Legislation (“LGPD”), which required regulation for full effectiveness.
Legal Framework for Low Carbon Hydrogen
The Brazilian National Low Carbon Hydrogen Policy was established on August 2, 2024, with the enactment of Law No. 14,948. The new legal framework regulates and creates regulatory, financial and tax incentives for the effective development of the hydrogen sector in Brazil.
Bill 2780/2024 establishes the National Strategic Minerals Policy
Strategic Minerals: Bill 2780/2024 proposes to establish the National Policy for Critical and Strategic Minerals (PNMCE) and the Brazilian Committee for Critical and Strategic Minerals (CMCE) to foster the sustainable use of critical and strategic minerals.
ANPD Publishes Regulation on the Role of Data Protection Officer
The Brazilian Data Protection Authority (“ANPD”) published on July 17 the Resolution CD/ANPD nº 18, dated July 16, 2024, which approved the Regulation on the role of the Data Protection Officer (“DPO”). Here are some of its main provisions.
Federal Government publishes Decree to regulate the extension of energy distribution concessions and the sharing of infrastructures between distribution concessionaires and telecom companies
On June 21, 2024, the Federal Government published Decree No. 12,068 to regulate tenders and extension of electricity distribution concessions granted after the enactment of Law No. 9,074, of July 7, 1995, that were pending renewal. The rules affect 20 concession contracts ending between 2025 and 2031, representing 62% of the distribution market in Brazil. […]
CADE publishes the Guide for the Analysis of Non-Horizontal Mergers (Guide V+)
The Administrative Council for Economic Defense (CADE) has released the final version of Guide V+(in Portuguese), the Guide for the Analysis of Non-Horizontal Mergers. The Guide V+ was approved by CADE’s Tribunal at the 228th Ordinary Judgment Session held on April 17, 2024. The draft of Guide V+ had been under discussions at the antitrust […]
CADE Analyzes Controversies Regarding the Concept of Economic Group Applicable to Companies and Investment Funds for Merger Notification Purposes
On March 20, 2024, CADE’s Tribunal decided on the occurrence of gun jumping in a transaction carried out by IT services companies but did not impose penalties due to jurisprudential controversies concerning the notification of merger cases involving investment funds and shared control situations.
