With the reform of the Spanish Penal Code, a company is liable for offenses committed by itself or by its employees acting on its behalf, if it cannot demonstrate that it has put in place the necessary means to prevent such criminal behaviour.
Author Archive for: Nicolas Melchior
About Nicolás Melchior
A Law graduate from the Universidad Carlo III de Madrid, Nicolás Melchior specialises in corporate Law, commercial contracts and electronic commerce.
Working languages: Spanish, German, English and French.
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Entries by Nicolás Melchior
Electronic evidence is valid in the Spanish legal system and is admissible in trial if it is relevant and has been lawfully obtained.
The management of an L.L.C in Spain is determined by its administrative organs, provided by law or statute, but also by the assembly of shareholders, either universal or general, ordinary or special/extraordinary.
In Spain, no specific regulation governs the crime of digital identity theft. However, the rights of individuals on the Internet can be defended by a combination of the Spanish Penal Code articles and sanctions can be issued.
The process of due diligence in the context of a transfer, merger, sale or purchase of a company in Spain includes four phases in order to ensure its correct course: preliminary, investigation, confirmation of data and the transmission of the report.
Prior to a transfer of a business in Spain, one should carry out a due diligence in order to analyse the economic, financial and legal aspects of the business to be acquired. The process will help set an objective price for the transfer of the company and help avoid any risk of defects related to the company sold.
The protection of a work in Spain is now automatic thanks to the agreements concluded between European countries and copyright collecting companies.
Thanks to the introduction of the European directives, copyright law has been harmonized throughout the European territory, including Spain, and has strengthened legal protection of creators.
Collective agreements are agreements between unions and employers that establish wages, work schedule and other work conditions. Additionally, these agreements allow the adjustment of the rules of the company’s business sector.
The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.