Law 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.
For firms to get ahead of other firms and get their product sold they commonly use misleading or deceptive advertising. There is law that defines exactly what misleading or deceptive advertising means and states what type of advertisement techniques are prohibited. Misleading or deceptive advertising is not only done through the form of the advertisement itself, but can also be done by omitting general product information, such as its geographical location.
The franchise contract in Spain has no specific regulations, although there are some pre-contractual duties that the franchiser must fulfil in order to give greater protection to the franchisee, which is always considered the weaker party.
At times, the standard or regular laws on advertisements are not sufficient with regard to several types of products. This is usually because these products relate to health or they are products that are used frequently and therefore need more regulation. This is usually the case with products such as alcohol, tobacco, pharmaceuticals, etc. The laws on advertisement concerning pharmaceuticals are especially strict and detailed to ensure that no misleading advertisements are published.
Article 44 of the Workers’ Statute rules the succession of companies in Spain, reinforces the guarantees of the workers after the change of a company’s owner, improves the instruments of information and consultation, and complies with the obligation of transposing related European directives into Spanish law.
The majority of Spanish bankruptcy proceedings end in favor of the debtor. The preliminary phases aim to achieve continuity of businesses that are in critical financial situations. Judicial approval is tantamount to a quasi-automatic resolution of a refinancing agreement, which put minority dissenting creditors at major disadvantages.
Companies in Spain with a lack of liquidity at the time of making severance payments can split up the payments of such compensation through a prior agreement with the workers’ representatives.
In Spain, subjects obliged to withhold and pay tax to the Spanish Treasury are paymasters. The issuer of an invoice is not required to inform paymasters whether or not they are subject to the withholding tax or the percentage to be withheld. The person responsible to the Spanish Treasury is the one who receives the invoice, not the one who issued it.
Mariscal Abogados has participated in the VII Annual Congress on the Law of new technologies and data protection organized by the Spanish-Austrian Lawyers´ Association (AHAUJ). The Congress, which was held …
Offshore companies are incorporated with the aim of managing, registering, conducting or operating businesses in foreign countries (any country outside of which the business was originally registered and/or the place of residence of the shareholders and board of directors).
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