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.

Amendments to the Right of Withdrawal in Electronic Commerce in Spain

The adaptation of Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights has caused several changes to the Right of Withdrawal. These changes are necessary when drafting or amending the general terms and conditions of B2C electronic commerce. The Directive 2011/83/EU of the European Parliament and of the Council of October […]

Consent To Use Cookies in Spain

This article highlights the essential aspects that information company service providers in Spain must observe to prevent the use of cookies in websites that may result in the violation of a user’s rights. Cookies represent the primary online advertising tool due to their expansive use and commercial utility. Nevertheless, Spanish users should not forget that […]

Amendments to the Consumer Protection Act in Spain

The legal term for a consumer to withdraw from a contract extends to 14 calendar days (if the consumer did not receive the proper information, the term extends to 12 months). Companies must show the final price before a transaction is complete, and the consumer must agree to the final price terms. In agreements occurring […]

Video Surveillance in Companies in Spain and Data Protection

The Spanish Agency for Data Protection (AEPD), through a Proceedings Resolution dated April 11, 2012, has commented on the possible breach of the LOPD because of the existence of video surveillance cameras in the company where the complainant works.  This is because one of the cameras focuses on the desk without consent.  Additionally, there appears […]

Ley consumidores y usuarios en España

Actions against Violations of Intellectual Property Rights in Spain

The owner of intellectual or industrial property rights may bring actions both through civil or penal means, against those infringing upon his rights in Spain. The procedure for the filing actions in the Civil Courts is governed by the Code of Civil Procedure, which provides the trademark holder a legal remedy through ordinary proceedings to […]

Intellectual Property Regulation in Spain

In Spain, intellectual property is governed by Royal Decree 1/1996 of 12 April, approving the Consolidated Copyright Act. In addition, for intellectual property issues, it should be noted that Spain is a part of the Berne Convention for the Protection of Literary and Artistic Works. Members are subject to copyright of all original literary, artistic, […]

How to protect your inventions in Spain

Inventions can be protected by the Spanish legal system through the following legal instruments that grant holders exclusive rights to patents, utility models, and industrial designs. The patents seek to encourage investment in R+D and technological progress in a country. The State grants exclusive rights to an invention for a specified period, generally 20 years, […]

How to Register your Trademark in Spain

Trademarks are distinctive signs whose primary function is to distinguish and identify products or services released by an entrepreneur into a market from products and services offered by its competitors. It also plays an important role in advertising and the creation of a reputation. Distinctive signs, especially trademarks, are an effective and necessary tool for […]

Industrial property in Spain

Industrial property is set to be one of the most important assets to a company. It is therefore vital before entering into a new market, to ensure its proper protection. In Spain, with rare exceptions, the principal registry governs these types of assets, which has come to mean that there is no right to an […]

New Types of VAT in Spain

By Royal Decree-Law 20/2012, of the 13th of July, on measures to guarantee fiscal stability and to promote competitiveness, the rates for the Value Added Tax (VAT) were amended in Spain. We summarize briefly the implications of this modification. New types of VAT Type Current % % From 01.09.2012 Standard 18% 21% Reduced 8% 10% Super […]