Mariscal Abogados

Data Protection and the Risk Information Centre in Spain

Knowing of the existence and operations of the Risk Information Centre of the Central Bank of Spain (CIRBE) is essential in understanding our rights and obligations related to certain financial information and in order to differentiate between patrimonial and credit solvency, commonly referred to as “defaulter files”, which are regulated by Art.

Regulations in Spain relating to data and password protection on the Internet

Visiting a website does not imply that the user must provide personal information. However, often it is necessary to register and get a password to access the content of a web page. In such cases, the collection of the data must conform to the purpose, form, limitations and rights contained in the LOPD in Spain.

What is the Declaration of Heirs in Spain?

When a person in Spain dies without drawing up a will, the heirs are determined based on a declaration of heirs, which can be made before a notary when the stated heirs are ancestors, descendants or a spouse, or before a judge in the remaining cases.

The transfer of personal data to the police in Spain

The petition for personal data by a police officer must be justified and accompanied by a formal written request. Spanish law specifies that data processing by law enforcement agencies is possible provided certain guarantees are respected.

The role of the executor in the inheritance process in Spain

Executors of wills in Spain are those appointed by a testator to fulfil the testator’s last will. Executors can be named jointly, successively or severally and perform on a voluntary basis and free of charge. He must report about his functions to the heirs.

Can a child be disinherited in Spain?

In Spain, it is particularly difficult to disinherit a child because the Spanish Law on Inheritance obliges estates to be divided into three parts. Two thirds belong to the heirs: one third of which would correspond exclusively to the compulsory heirs —in Spanish, this part is called legítima (legitimate); the other third is aimed to improve any of the heirs’ portion as the testator wishes.

The Value of E-mail as Evidence in Spain

Electronic mail has become an indispensable tool in Spain for the exchange of information in our daily lives, both personally and professionally. It is expected to gain legal significance as the Civil Procedure already recognizes its validity of electronic evidence at trial in Spain.

The Implementation of Foreign Hereditary Titles in Spain

The private international law proposes a series of possibilities about the regulation of hereditary titles related to foreign countries. It is worth noting that this is a very complex matter since it seeks to harmonize different legal systems.