Provisional Measure No. 927, which changed labor rules during the pandemic, will expire
O Senado retirou de pauta a votação da Medida Provisória 927/2020 que alterou as regras trabalhistas durante a pandemia da Covid-19.
European Court of Justice declares EU-US Privacy Shield invalid
O caso C-311/18, envolvendo a Data Protection Commissioner, o Facebook e a Maximillian Schrems, foi referenciado à Corte de Justiça da União Europeia pela High Court da Irlanda. Nele foram discutidos a validade das standard contractual clauses como mecanismo para transferência internacional de dados sob a GDPR e a validade do EU-US Privacy Shield (Escudo de Privacidade UE-EUA), normativa criada para regulamentar trocas de dados pessoais entre a União Europeia e os Estados Unidos, para fins comerciais.
Chamber approves Provisional Measure 944/20, which grants a line of credit to cover the salaries of small and medium-sized companies
Provisional Measure 944/20 (“MP 944/20”) – published in April 2020 – was approved by the Plenary of the Chamber of Deputies on June 30. MP 944/20 grants a line of credit for small and medium-sized companies to pay salaries during the pandemic, through the banking network, but its transformation into law is still pending approval by the Senate.
MP 959/2020 extended by Congress
O Ato prorroga a Medida Provisória nº 959, de 29.04.2020 (“MP 959”), que, além de estabelecer a operacionalização do pagamento do Benefício Emergencial e do benefício emergencial mensal, prorrogou a vigência da Lei nº 13.709, conhecida como LGPD. A MP 959 ficou então prorrogada por sessenta dias.
Right to refund overpaid PIS and COFINS under the tax substitution regime
The Federal Supreme Court, ruling on RE. 596.832, which discussed the possibility of refunding the difference paid by way of PIS and COFINS collected under the tax substitution regime, ruled in favor of the taxpayer.
President vetoes Bill 675/2020 in its entirety
Through Message No. 371, published on July 1, 2020, the President of the Republic informed the Federal Senate of his full veto of Bill No. 675 of 2020.
Labor reform does not apply to contracts prior to its entry into force
The Labor Reform contained in Law No. 13,467, of November 2017, brought numerous changes, not only for workers, but also for the companies themselves. One of the changes concerns the hours spent on the road, which are nothing more than the hours spent by the worker on the way to and from work.
CVM created the Regulatory Sandbox Committee
One month after the publication of CVM Instruction 626, which regulated the creation of the Regulatory Sandbox, the Brazilian Securities and Exchange Commission (“CVM”) issued Ordinance CVM/PTE/No. 75, of June 29, 2020, which creates the Sandbox Committee (“CDS”), provided for in CVM Instruction No. 626. The new ordinance will come into force on August 1, 2020 and should be reassessed within a year.
Incidence of IOF on transactions carried out by factoring companies
The Federal Supreme Court, in ruling on Direct Action for Unconstitutionality No. 1,763, stated that Financial Operations Tax (IOF) is levied on the sale of credit rights by factoring or commercial development companies.
Inclusion of serological tests for infection with the new Coronavirus (COVID-19) in health plans
On June 29, the National Health Agency (ANS) published Normative Resolution No. 458, which amended NR 428/2017 to include serological tests for infection by the new Coronavirus (COVID-19) in the list of mandatory coverage by health plans.
