The Validity of video surveillance evidence in SpainThe latest Supreme Court’s sentences validate video surveillance evidence under certain circumstances and after fulfilling specific formal requirements, such as proportionality and notification to the employee, as a fair cause for disciplinary dismissal.Read more
The abusiveness in the clauses of late-payment interest of personal loansRecent judgments on abusive clauses oblige institutions and professionals who offer personal loans to consumers residing in Spain to review and adapt the clauses to legal constraints. Find here practical advice to implement.Read more
The nature of penalty clauses in contractsPenalty clauses in commercial contracts are extra obligations provided in the commercial contract. Their increasing use aims to ensure compliance with the primary obligation in that incompliance allows for reimbursement.Read more
Business succession in Spain: the guarantees that must be respectedBusiness succession in Spain must be achieved with a certain degree of care in order to respect all the legal aspects of the acquired company and ensure a peaceful future for the acquiring company. In this way, the social guarantees that are enumerated in Article 44 of the Workers’ Statute should not be forgotten.Read more
Sanctions in Spain for Unsolicited Electronic Commercial CommunicationsLaw 34/2002 incorporates into Spanish law Directive 2000/31/EC of the European Parliament and the Council on certain aspects of the services of the information society, in particular in regards to electronic commerce. It regulates injunctions for the protection of consumer interests, as well as the actions and sanctions against behaviors contravening provisions of the Law.Read more
Spain combats Money LaunderingThe fight against money laundering focuses on eliminating the laundering of funds or assets obtained through illegal activities. Not only are credit institutions and investment service companies obliged to comply with national and international legislation, but so are notaries, lawyers, and prosecutors.Read more
Patents and the protection of inventions in SpainAs an intangible asset of a company, a patent is an economic tool. It provides its owner with a competitive advantage by granting a monopoly that enables the owner to prohibit any use of the invention without the owner’s consent.Read more
Protecting trademarks in SpainA trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.Read more
The monitoring of employee communications in SpainSpanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.Read more
Changes in the application of inheritance rights of foreigners in SpainFor the sake of efficiency and time management, the EU will unify the rules on succession rights of foreigners. Decisions taken by a Member State will be binding everywhere within the EU territories, and will not be subject to further revisions.Read more
