CIVIL LITIGATION: OPPORTUNITY ASSESSMENT AND STRATEGY
25 September 2017
Apparently serious or unfair legal disputes prompt people to seek the advice of a lawyer. The first meeting is of great importance to find out in what circumstances the dispute arose; and is also equally important to assess the options to bring an a legal action before the courts.
HEALTH AND SAFETY IN THE WORKPLACE: INFRINGEMENTS AND CONSEQUENCES (I)
22 September 2017
Health and safety in the workplace has been for a number of years now a priority of the legislature in Spain. For this reason, at LegalPyme.es we have taken to publish a series of articles dealing with the consequences of infringements of health and safety regulations in Spain.”
EMAIL MARKETING AND DATA PROTECTION
17 August 2017
Data protection is taken very seriously in the European Union (EU) and, thus, in Spain too in its capacity as EU member State. This becomes apparent when designing commercial promotion campaigns via electronic mail, such as email marketing, which necessarily will have to conform to the relevant legal framework.
TYPES OF ARBITRATION: WHAT IS ARBITRATION EX AEQUO ET BONO?
21 July 2017
What is arbitration? The first commonly accepted meaning of the term “Arbitration” in the Dictionary published by the Spanish Royal Academy defines it as an “Out-of-court proceeding to solve disputes available to the parties provided they agree to submit disputes to the decision of one or several arbitrators”.
TAX LOSS CARRYFORWARD: MAY THE OPTION TAXPAYERS APPLY FOR BE REVISED?
28 June 2017
In this article, we review the decision of 4 April 2017 by the Central Economic Administrative Tribunal (TEAC) on the interpretation of Article 119.3 of the Spanish General Tax Law (Ley General Tributaria) with respect to setting off tax loss carryforwards as an option for taxpayers and the limits regarding future use in the following financial years.
MAY YOU USE A COMPETITOR’S TRADEMARK IN THE SEM STRATEGY OF YOUR BUSINESS?
21 June 2017
When designing your business’ Google AdWords (or any other SEM services providers) campaign, is it legal to use a competitor’s trademark as keyword?
In this respect, does this amount to an infringement of Article 34 of the Trademark Act (Ley de Marcas) or Article 12 of the Unfair Competition Act (Ley de Competencia Desleal). A recent ruling by Spain’s Supreme Court (Judgement of 15 February 2017) sets out the Supreme Court’s approach and will serve as a guide to future similar cases.
SANCTIONS FOR COMPETITION LAW INFRINGEMENTS
16 June 2017
In an earlier article, we wrote about commercial practices amounting to infringements of competition law rules and how they should be prevented in order to avoid the prevention, restriction or distortion of effective competition in all or part of the market.
HOW SHOULD SMEs FACE AND SOLVE LEGAL PROBLEMS?
13 June 2017
Legal problems facing companies (or between shareholders) pose a real threat to their business. In such cases, it is all about knowing how to deal with such situations, or even better preventing them from ever happening in the first place.
Unlike larger companies, fewer resources and a lack of experience leave SMEs more exposed to risk legal problems represent for their activity.
For this reason, LegalPyme.es has explained to Con Tu Negocio, MOVISTAR’s website specialized in SMEs and professionals, which legal problems SMEs normally face and how to tackle them.
REQUESTS FOR PREPARATORY INQUIRIES AND UNFAIR COMPETITION
1 June 2017
In business transactions unfair competition practices are unfortunately not uncommon affecting SMEs as well as consumers. However, in Spain the number of unfair competition judicial proceedings remains low, compared to the overall figure of commercial litigation.
COMPLIANCE AND SMEs: RULES SEEKING TO PREVENT CORPORATE CRIMINAL LIABILITY APPLY
29 May 2017
In previous articles we have written about the increasing importance of corporate criminal liability compliance programmes under the current regulatory framework in Spain. While many larger companies have already implemented such programmes, it is a reality that amongst SMEs this is not the case. This may be due to a misconception about the scope of the relevant rules –probably thought to apply to larger companies only– or to the belief that risk exposure does not warrant their implementation, which is wrong.
SPAIN’S SUPREME COURT TAKES STANCE ON HOW TO RECORD WORKING TIME AND OVERTIME
8 May 2017
Throughout 2016 and early 2017, we have seen, not without surprise, appear a new judicial approach on the record of working time that seemed to bring about a revolution in the way companies manage and control the working time and overtime of their employees.
COMPANY DIRECTORS: FUNCTIONS, RESPONSIBILITIES AND REQUIREMENTS
5 May 2017
Acting as director of a company is certainly far riskier than those taking on such positions may thing. Unlike shareholders, directors are subject to a number of rules providing for their unlimited liability for actions and/or omissions attributed to the company.
INTERIM MEASURES AND MEASURES TO PRESERVE EVIDENCE
26 April 2017
Structural reasons and a shortage of material as well as human resources result in protracted judicial proceedings. A first instance proceeding may well last a year from the filing of the suit until the issuance of the ruling. In the meantime or even ahead of the commencement of the proceedings a request for, respectively, conservatory or interim measures may prove very useful in securing the possibility of enforcing a future judgement in favour of the claimant.
ENFORCEABILITY UNDER SPANISH LABOUR LAW OF PENALTY CLAUSES FOR BREACH OF A POST-EMPLOYMENT NON-COMPETE
19 April 2017
The penalty associated to a non-compete post-employment clause is an agreement entered into between an employer and an employee aims to protect the company against its breach by the employee, in that he or she does enter into or start a similar profession or trade in competition against another the employer.
HOW CRIMINAL LAW HELPS PROTECT TRADE SECRETS
10 April 2017
Very often the question about the protection of sensitive business or trade secrets having economic value to the company arises in the framework of employees- and managers-employer relationships. And repeatedly it will be asked whether an employee may use clients’ information available to him to set up his own business; or whether a manager may share with third parties the production method that the company he works for uses.
NEW SOFTWARE TO ASSIST IN THE FILING OF THE INCOME TAX STATEMENT
5 April 2017
On 23 March 2017, Ordinance HFP/255/2017 was published in Spain’s Official Journal and with it the announcement of the replacement of PADRE (short for Programa de Ayuda de Renta) with the new software (Renta Web) to assist taxpayers in the filing of their income and property tax statements. It is claimed that Renta Web has solved all the flaws and shortcomings of PADRE.
In addition, the article sets out, and briefly explains, the new regulatory developments applicable to the income tax for year 2016.
DO YOU HAVE AN IDEA? THEN, FIRST THING: REGISTER YOUR TRADEMARK
3 March 2017
Few mishaps match the frustration that takes over a trademark lawyer when an entrepreneur (an individual or a company) with an exciting project already underway contacts you after having found out that his trademark, or a similar one, is being used by someone else and next admits not having had the time to register his trademark…
STARTING A BUSINESS ONLINE (ECOMMERCE): RULES AND INFRINGEMENTS
14 March 2017
The importance of specialized legal advice for an online project is unquestionable. It is essential to ensure that a business’ online activity complies with the obligations on information society service providers, which are those carrying on an economic activity on the Internet (e-commerce)…
ONLINE SCAMS: WHAT THEY ARE AND HOW TO PREVENT THEM
2 March 2017
In our day-to-day we resort to the Internet to hire services or buy products, because it saves time or spares us a trip to the mall; and so we often manage our bank accounts using Internet banking and place order for many kinds of products, ranging from groceries to second-hand vehicles or expensive holidays…
THE RIGHT OF SEPARATION OF SHAREHOLDERS WHERE NO DIVIDENDS ARE PAID OUT
15 February 2017
The right of separation of shareholders, where a company does not pay out dividends, is again under discussion among corporate law practitioners. This right is triggered in the event that a company’s decision to share benefits amongst the shareholders is below a third of…
13 KEY CLAUSES FOR AN
INTERNATIONAL SALES AGREEMENT
9 February 2017
What is most important in drawing up an international sales agreement is to ensure that it contains the necessary clauses and that the contract as a whole suits the transaction that it governs, regardless of whether it is a standard, model or ad-hoc contract…
DISMISSAL OF AN EMPLOYEE WHO IS ON SICK LEAVE: IS IT NULL AND VOID?
1 February 2017
To date, an employer could let go an employee for the mere reason that the employee is on sick leave. In other words, under the assumption that the employee in question lacks any productive utility for being temporarily unable to work…
MEDIATION AND CONCILIATION: SWIFT DISPUTE RESOLUTIONS BENEFITING ALL
25 January 2017
Mediation is an out-of-court dispute resolution method whereby two or more parties attempt to reach an agreement with the assistance of an impartial third-party, called mediator. In this case, it is the parties themselves that seek to find the solutions to their differences and…
CRIMINAL OFFENCES COMPLIANCE PROGRAMS: WHAT IS IT AND WHY IS IT BECOMING SO IMPORTANT?
18 January 2017
In Spain’s penal system, criminal compliance programs are playing an always greater part for companies. But, what is compliance exactly about? And what is it for? Act 5/2010, 22 June, introduced for the first time the possibility of holding legal persons accountable for criminal offences…
RIGHT TO OBLIVION: HOW TO ASSERT
YOUR DATA PROTECTION RIGHTS?
09 January 2017
The right to oblivion (or “right to be forgotten”) is a way of enforcing cancellation and opposition rights by data subjects. Its unique features result from the framework in which data protection related rights have to be enforced (the Internet)…
WHEN AND FOR WHAT PURPOSE?
05 January 2017
Over the last 24 months we have seen a gradual increase in business initiatives. Normally, there is an underlying project by one or several persons who, once the business plan is ripe, have to decide whether to carry it out as sole traders or through a company…
ARBITRATION VERSUS COURTS: THE SIX MAIN ADVANTAGES OF ARBITRATION
15 December 2016
In the face of the shortcomings of the courts to fully ensure the right to access to justice, arbitration proves to be an interesting alternative available to private individuals, companies and businessmen alike for the resolution of disputes and the defence of…
IS IT EXEMPT OR IS IT SUBJECT TO TAXATION?
13 December 2016
The maternity leave pay should be treated as exempt in one’s income tax statement. So has ruled the Spanish Supreme Court. To date, the tax authorities regarded this pay as employment income and compelled parents benefiting from this support to pay taxes on the amounts received. The Supreme Court…