By June 18, 2022, companies (whether public or private) and public entities, especially those employing 50 or more workers, are obliged to implement a whistleblowing channel so that workers, shareholders, members of corporate bodies, service providers, suppliers and other reporting parties, including within the context of a professional relationship that has since ended, might report breaches of the legislation referring to various areas.
The electricity system has been a big focus point in Mexico in recent years and is now attracting attention after the government’s attempt to implement changes (particularly the sought constitutional reform). This article describes the state of play, arranged in the order of events.
In an earlier edition of our Latin American Viewpoints newsletter (see here), we analyzed the main provisions applicable to notification of mergers and acquisitions in Chile, Peru, Colombia and Mexico. In this second part, we examine a few transactional and strategic elements that might be useful in these jurisdictions, in light of the competition legislation in each of them.
The circular economy presents itself as an alternative to the current production and consumption model. It is built around the aim to decouple economic activity from consumption of finite resources and to transition to the use of renewable energy sources. And the goal of this economic concept intertwined with sustainability is resource efficiency by turning one person's waste into another's resource. In this article we look at where Chile, Colombia, Mexico and Peru stand regarding the circular economy.
Social infrastructure projects are booming in Latin America. Certain innovative tools such as public-private associations (or alliances) are becoming more relevant as an increasingly attractive option to materialize such projects, by guaranteeing the efficiency and quality of the hospitals, roads and education centers, etc. delivered. We provide details on the current situation and future prospects of social infrastructure in Chile, Colombia, Mexico and Peru.
The vote on the initiative, which, among other measures, intended to grant a majority and advantageous stake to state-owned companies, failed to reach the super-majority vote of two thirds established by the Federal Constitution.
Decree-Law no. 119/2021, which transformed into national law the EU Directive 2019/1937, was published in the Official Gazette, introducing, among other matters, a set of obligations for companies and public entities regarding the protection of whistleblowers and the creation and implementation of internal channels for reporting of breaches.
The novelties translate into an increase in the regulatory burden: the requirements to accredit the legal, technical and financial capacities of the applicants and the obligations they assume when the permit is granted are increased.