With the recent decision issued by the European Court of Human Rights on January 9, 2018 in López Ribalda and others v. Spain, a momentous turn is made to the doctrine that had been marked by the Constitutional Court in Spain, once more leaving the door open to the possibilities of weighting between the exercise […]
The Technology, media and telecommunications (TMT) law handles the full spectrum of IT and telecoms-related issues and involves advising and drafting agreements, licensing and advertising, data protection and privacy laws, e-commerce issues and fraud prevention.
The domain sales proceedings present a series of technical steps which must be clearly reflected in the sales contract. Only in this way can be guaranteed both the effectiveness and the success of the operation.
The breach of the new regulation can give rise to sanctions of up to 20 million euros or 4% of the total global business volume of a company. It would also mean a serious reputational damage for the company.
ICOs offer revolutionary and flexible corporate financing ways to technology start-ups. Even though ICOs increase entrepreneur independence, they bear investor risks. Various legislations in Spain must ‘be taken into account when emitting tokens.
The GDPR is directly applicable in all EU member states and introduces new obligations for companies. Since member states have leeway for deviations, Spain has already drafted a legislative proposal.
The legal obligations that affect companies that are not on the internet also apply to those companies that create a web page. Furthermore, there are a series of legal requirements and specific obligations that are necessary to open a business on the internet, and they are related to the specific legislation of e-commerce in Spain.
E-commerce businesses in Spain must comply not only with the same commercial, fiscal and employment regulations as physical businesses, but they are also subject to the regulations established in the LOPD and the LSSICE.
The Internet of Things (IoT) refers to the connection of devices and/or objects to the internet in order to collect and collate data of how they are being used. Due to its complex systems and cross-border nature, data protection laws regarding the IoT are still being developed and modified by regulators. Therefore businesses have to be wary and keep themselves updated of the legal regulations regarding data collection via the IoT.
EU Directive 2006/112/CE is crucial for tax liabilities of foreign online retailers in the Spanish market. After a foreign company exceeds a turnover of EUR 35,000 through sales to consumers in Spain, the VAT of the destination country of the goods (Spain) is raised.