Manipulation of sports results and the importance of prevention programs
On February 14, 2023, the Goiás Public Prosecutor’s Office launched an investigation, called Penalidade Máxima (Maximum Penalty), to investigate a match-fixing scheme in the final round of the Brazilian Serie B Championship. According to the Public Prosecutor’s Office, the investigations show that three matches suffered from match-fixing. The manipulation scheme took place through negotiations between a group and players, with the aim of influencing matches and obtaining success in high-value sports bets. In this specific case, the investigations indicate that the manipulation took place so that the co-opted players committed a penalty in the first half of the matches in three games: Vila Nova vs Sport, Tombense vs Criciúma and Sampaio Correia vs Londrina. The players involved in the scam would have received R$10,000.00 (ten thousand reais) in advance for committing the penalties and, in the event of success in the sports betting, they would receive around R$140,000.00 (one hundred and forty thousand reais), which could yield up to R$2,000,000.00 (two million reais). This type of fraud, known as match-fixing, is not unique to the Brazilian scenario and draws attention to the need to debate more effectively the need for integrity programs that guarantee not only the transparency of betting, but also the credibility of soccer and sports in general. With the increase in sports betting and the lack of regulation in the sector, the risk of fraud and various types of manipulation in games must be on the radar of players and soccer clubs, making programs and methods aimed at adapting internal rules and sports laws and measures to prevent and identify fraud indispensable. Crimes like these harm not only the sport, but also the fans, the clubs, the Confederations and Federations, and especially the sports betting providers. Strong programs and the development of initiatives aimed at raising awareness among bettors and athletes are of the utmost importance and depend on the union between the public sector, bookmakers, soccer clubs, federations, confederations, as well as the main sports committees. Educational and prevention methods, as well as channels for reporting manipulation, fraud and other crimes are essential if we are to guarantee the transparency and seriousness of sport. Want to know more? Get in touch with our team of experts!
Gender equality and female participation in companies: what you need to know
The month of March is widely recognized as International Women’s Day, which is celebrated on the 8th. This date aims to remember women’s struggle for rights and gender equality throughout history, as well as highlighting the importance of female participation in all aspects of social, economic, political and cultural life. It is an opportunity to celebrate women’s achievements, reflect on the challenges that still need to be overcome and promote actions that contribute to building a fairer and more equal society for all people, regardless of gender. Gender diversity and female participation in the corporate world are increasingly relevant and urgent issues. Although there has been some progress in recent years, equal opportunities and treatment for men and women in the workplace is still a challenge to be faced. The presence of women in leadership positions is still very low, even in companies that claim to be committed to diversity and inclusion. According to a survey by the Brazilian Institute of Corporate Governance (IBGC), only 10% of the boards of directors of publicly traded companies in Brazil are made up of women. In addition, women still face obstacles to advancing in their careers, such as unequal pay, a lack of specific training and development programmes and an organizational culture that doesn’t value women’s skills and abilities. For this reason, the UN created the Global Compact 2030, which plays an important role in promoting equal opportunities and treatment between men and women in the business environment. In this sense, companies that join the Global Compact 2030 have the opportunity to commit to concrete measures to reduce gender inequality in their operations and throughout the value chain. This includes promoting equal pay policies, developing training and leadership programmes for women, creating a safe and respectful working environment for all employees, and collaborating with other companies and organizations to promote gender equality. However, gender diversity is not only a matter of social justice, but also a matter of competitive advantage and long-term business sustainability. Companies that value and promote gender diversity tend to have better financial performance, greater innovation and employee engagement. This is because diversity of perspectives, skills and experiences enriches the working environment and allows companies to better adapt to changes in the market and society. Some initiatives that companies can adopt to promote gender diversity and female participation include: Set clear targets for the presence of women in leadership positions and implement concrete actions to achieve them, such as mentoring, coaching and leadership development programs for women. Implementing recruitment practices that avoid gender discrimination, such as reviewing the requirements for positions, publicizing vacancies on different channels and conducting interviews with a multidisciplinary and diverse team. Promote equal pay for men and women who perform the same jobs, in order to value women’s skills and abilities and ensure fairness and equity in the workplace. Create an inclusive and respectful work environment that values diversity of opinions, perspectives and experiences, and has a zero-tolerance policy for harassment and discrimination. Encouraging female participation in traditionally male areas such as technology, engineering and exact sciences, through specific training and mentoring programs. In addition, it is important that companies recognize the importance of gender diversity as a strategic and cross-cutting issue, which must be addressed in all areas and levels of the organization. This requires the commitment and leadership of senior management, as well as raising awareness and training all employees in the importance of diversity and inclusion. In short, companies that adopt inclusion and diversity policies, such as promoting gender equity, tend to have higher performance and more positive financial results. In addition, an inclusive work environment can improve employee satisfaction and engagement, contributing to a healthier and more productive corporate culture. Want to know more? Get in touch with our team of experts!
Cooperation: the key to a sustainable personal data protection ecosystem
The protection of personal data is an institute that depends on cooperation, contribution and collaboration between the parties involved in a personal data processing activity. In my day-to-day life, I often come across situations in which one of the parties, that is, one of the Processing Agents, is unwilling to cooperate, contribute or collaborate with the other, be it a Controller – who determines the purposes and means by which the operation with the data will take place, or an Operator – who carries out the operation based on the Controller’s instructions. It is necessary to start from the premise that in order to build a sustainable ecosystem, with regard to the legal requirements of the General Personal Data Protection Act (“LGPD”), as well as international best practices, a balance is needed between the responsibilities and tasks of the Processing Agents. When two or more Processing Agents act in an operation with personal data, cooperation is an essential part of building the legitimacy and legality of the activity. Regardless of the classification of the Processing Agent, as well as the processing in question – e.g. collection, storage, sharing, use, processing, disposal – in order to comply with the fundamentals and principles of the LGPD, it is necessary for all the Agents involved to contribute – within the limits of their responsibility, and actively collaborate – by carrying out a common job. Therefore, cooperating here means having the main objective of guaranteeing the legitimacy and legality of a given personal data processing operation. An operational and practical example, as well as a classic and routine one – especially in the oil and gas industry – is the application of resources by an oil company to Research, Development and Innovation (RD&I). Research, Development and Innovation Technical Regulation No. 3/2015 of the National Agency of Petroleum, Natural Gas and Biofuels (ANP), which establishes definitions, guidelines and standards for the application of resources, as well as rules for proving R,D&I activities and the respective expenses incurred, Chapter 06 makes it a legal and regulatory obligation to keep information and documents for a period of 5 (five) years – counting from the end date of the project, including contracts and tax documents relating to the transfer of funds and payments, as well as expenses incurred within the scope of R,D&I projects or programs. It also establishes that institutions accredited by the ANP, i.e. universities or research and development institutions, as well as Brazilian companies, must send the contracting oil companies information and documents relating to the projects or programs they carry out. Due to the lack of clarity in the Technical Regulations, and especially with regard to the rendering of accounts for personnel expenses and their supporting documents, which does not detail the data, information, documents and records that must be filed and kept for a period of 5 (five) years, the Oil Companies can and must request from the Accredited Institutions and/or Brazilian Companies contracted for R,D&I the personal data they deem necessary and appropriate to comply with their legal and regulatory obligation, with the aim of supporting and promoting their own activity, as well as guaranteeing, in the event of an inspection, a suitable and effective record capable of proving the contributions made. In this sense, it is up to the Treatment Agents involved in RD&I to act in a cooperative manner, guaranteeing reciprocal access to information and documentation on the project or program. Personnel costs are also included in this list, and it is not up to either party to oppose or deny access to information and data, or not to share it. On the other hand, it is always the duty of all Processing Agents to collaborate and contribute to guaranteeing the application of the general principles of personal data protection, especially transparency and free access to such operations, each within the limits of their responsibility and their respective relationships with the data subjects involved. Regardless of the economic segment or regulatory framework, cooperation is fundamental to achieving a sustainable personal data protection ecosystem.