As data centres become major electricity consumers, PPA agreements are increasingly essential to secure long-term energy supply, manage price volatility and support project finance. Their legal structure is key to ensuring operational continuity and bankability.
In Spanish corporate law, restrictions on the transfer of shares are essential tools to protect shareholder control, preserve the stability of the ownership structure and prevent unwanted third parties from acquiring interests in Spanish subsidiaries.
The role of the notary in shareholders’ meetings in Spain is essential to strengthen legal certainty and evidentiary value. Although notarial involvement may be voluntary or mandatory, the notary does not replace the chair or the meeting’s secretary.
Equal treatment in remote work does not require identical conditions for all employees. Spanish case law allows differences between employees who are covered and those who are not by a collective agreement, where objective, reasonable, and proportionate criteria justify a more favourable remote work regime.
Spain’s Organic Law 1/2025 has introduced MASC, or Adequate Means of Dispute Resolution, as a general pre-court requirement in civil and commercial matters. Its application to challenge corporate resolutions raises important questions for shareholders, directors and companies.
Foreign parent companies are generally protected by the separate legal personality of their Spanish subsidiaries. However, Spanish insolvency law may expose the parent company to liability where it controls management, abuses the corporate structure or mishandles intra-group financing.
For franchisors, post-contractual non-compete clauses are a key tool to protect know-how, customer goodwill and the identity of the franchise network. In Spain, however, their validity requires precise and proportionate drafting, limited to the point of sale from which the franchisee operated.
Joint venture agreements in energy projects are essential to structure cooperation between sponsors, investors, developers and operators in Spain. A well-drafted JVA provides legal certainty, regulates governance and financing, and helps protect complex energy investments.
Artificial intelligence can reshape business structures, automate tasks and make certain roles redundant. However, AI does not, by itself, justify an objective dismissal in Spain. Companies must prove a lawful ground, document the real impact on the position and comply with employment guarantees.
Data centre projects require significant capital investment. Project finance structures, based on SPVs, allow risk allocation, contractual structuring and bankability, ensuring predictable cash flows and attracting investors in a highly competitive digital infrastructure market.
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