Archive for category: Commercial

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New law on the promotion of the entrepreneurial ecosystem of companies

Startup Law as a new measure to help entrepreneurs. On 23 December 2022, Law 28/2022, of 21 December, on the promotion of the start-up ecosystem (colloquially known as the Startup Law) came into force, which, together…

The creation of company WhatsApp groups without the employee's consent is legitimised

The AEPD ruled that it is valid to include employees in company WhatsApp groups without the need to obtain their consent. On 9 January, the AEPD's resolution was published, by virtue of which the inclusion of workers…

First European Data Protection Label approved

Europrivacy has been validated by the European Data Protection Board as the first European certification mechanism for compliance with the European Data Protection Regulation. On 10 October the European Data Protection Board…

Entry into force of the Crea y Crece law

The new law introduces important new features and amendments in the corporate field On 19 October, Law 18/2022, of 28 September, on the creation and growth of companies (Crea y Crece Law) came into force, which aims,…

The amendment to the Penal Code is approved and the catalog of crimes that can be committed by legal entities is expanded

Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, amends the Penal Code in relation to crimes against moral integrity and sexual harassment for which legal persons could be criminally…

Labor implications of the new comprehensive equal treatment law

The new Equality Law includes illness as a new case of discrimination, so it is likely that the risk of nullity will increase significantly in those dismissals that affect workers who are on sick leave. On July 13, 2022,…

Million-dollar fine for violation of trade secrets

Indemnification for infringement of trade secrets provided under a confidentiality agreement.. Confidential information as an asset Today, one of the most important assets for an organization is information, especially…

New block exemption regulation for vertical agreements and new vertical guidelines

From 1 June 2022, a new Vertical Agreements Block Exemption Regulation and New Vertical Guidelines apply in order to adapt the vertical agreements regulation to the new digital context. A new chapter in the field of Antitrust…
Letrado Asesor

The figure of the legal advisor

A forgotten figure but mandatory on certain occasions, whose existence becomes key to prevent possible corporate conflicts. The figure of the legal advisor in commercial companies, although it is a somewhat forgotten…

Limits to the shareholder's right of withdrawal in the event of non-distribution of dividends

The Supreme Court establishes the limits to the use of Article 348 bis of the Capital Companies Act, on the right of the shareholder to withdraw from the company due to non-distribution of dividends. Article 348 bis of…
Directiva Whistleblowing

The Whistleblowing Directive and its transposition in Spain

Spain, like many Member States, urgently needs to transpose Directive (EU) 2019/1937 on the protection of persons reporting breaches of EU law, the deadline for which expired on 17 December 2021. On 16 December 2019, Directive…

Developments in the rental housing market: limitation of the rent update and declaration of unconstitutionality of the Catalan law

The government has decreed a rent freeze in the wake of the crisis generated by the war in Ukraine, while the Constitutional Court has annulled a large part of the content of the Catalan Housing Law. In the last month,…

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