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Antitrust and competition authorities around the world, including LATAM, are undertaking investigations and ongoing proceedings dealing with “no-poach” agreements. Increased scrutiny from these regulators means that companies and staff that agree not to poach employees from others, or fix wages, are increasingly in risk of significant financial and even criminal penalties in some jurisdictions..

Join our Antitrust, Employment and M&A partners for a complimentary webinar on 6 October 2022 where we will analyze the regulatory and enforcement landscape in the US on no-poach, including the trends we are seeing in Latin American countries and the various cases by antitrust authorities in the region.

On 25 August 2022, Personal Data Protection Law No. 149 was published in the Official Gazette of Cuba. It will enter into force in February 2023. The main purpose of the law is to guarantee the right of individuals to the protection of their personal data and to regulate the use and processing of data by public and private persons or entities. By enacting the law, Cuba joins the list of countries with specific legislation on data protection.

The National Agency of Medicines, Food and Medical Technology (ANMAT) issued Disposition No. 6924/2022on 30 August 2022. The same provides some clarifications regarding the advertising, promotion and/or sponsorship of packaged food and nonalcoholic beverages containing at least one warning seal, including precautionary legends. The Disposition will take effect on the same day of its publication in the Official Gazette.

Let’s Talk Climate Crisis (Hablemos de la Crisis Ambiental) is a sustainability project of the Corporate Social Responsibility area of Baker McKenzie Mexico that invites the audience to reflect on the environmental and climate crisis through a series of webinars. The goal is to collectively build proposals for a sustainable and inclusive world based on human rights and the principles of equality and justice by recognizing ourselves as active subjects in the construction of knowledge and in the solutions. The podcast is available in Spanish only.

One of the main commitments assumed by Beatriz de Anchorena, current director of the Agency for Access to Public Information, was to initiate the process of updating Personal Data Protection Law No. 25,326, which was enacted in 2000. In this regard, meetings were held in August 2022 with public agencies, civil society organizations, universities and the private sector.

On 17 August 2022, the Joint General Resolution No. 5249/2022 of the Federal Tax Authority and the Ministry of Labor and General Resolution No. 5250/2022 of the FTA was published in the Official Gazette. It expanded the application of the “Digital Salary Book” system, which now includes employers who have not opted for the modality of mobile sheets.

Resolution No. 625/2022 of the Secretary of Energy included new hydrocarbon ventures in the regime of tax and customs benefits created by Law No. 19,640 for the Province of Tierra del Fuego. The Regime refers to the Special Custom Area and includes: a) exemptions of federal taxes applicable to activities or operations to be performed in the Special Custom Area or upon goods located in the Special Custom Area; and b) customs benefits applicable to the reception or delivery of merchandise that a company located in the Special Custom Area can make from or to companies located in any of the other operative areas. The exemptions apply to income tax, value-added tax and excise tax.

Decree 277/2022 was regulated by means of Decree 484/2022, published in the Official Gazette on 16 August 2022. The Decree created the Foreign Exchange Market Access Regimes for Incremental Oil Production and Natural Gas Production and provides flexibility to access the foreign exchange market for a percentage of the amount of the incremental production volume or the incremental injection volume, as the case may be. The Regulation establishes the general conditions for accessing the benefit both for E&P companies and their direct suppliers and/or associated third parties.

On 7 August 2022, Gustavo Petro Urrego became the new President of the Republic of Colombia for the period 2022-2026, along with the Vice-President, Francia Márquez. Both are members of the political party Pacto Histórico, which is known for promoting center-left social, political and economic initiatives. The governance plan of the President evidences that employment, compensation and social security matters will be part of the focal points of his office.