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In November 2021, and following the decision of the Constitutional Court to declare null and void the way the capital gains tax was calculated, the Spanish Government approved a new rule for calculating the capital gains tax.
The 2019 Mobile World Congress (MWC19) is around the corner. The most important mobile technology event comes back to Barcelona from 25th to 28th of Feburary in Gran Vía and Montjuïc exhibition area of Fira Barcelona. MilContratos.com as one of the startups will be present in Spain Pavilion.
The European Union Court of Justice (hereinafter TJUE), establishes that to re- published a photograph on a web site, it is fundamental prior authorization from the author, despite the fact that the photos are already available on the internet and has free access and “barrier-free” for its download.
The Chamber of Administrative Complaints of the Supreme Court of Justice (hereinafter "TS"), through the ruling pronounced last July 9th of 2018, points out that has been a constant in issues of foreign legislation in the last few years, the requirement of having the economic funds for the maintenance of age (protected) foreigners that required the authorization of residence in Spain.
The Council of Ministers, in order to achieve the protection of the rights relating to citizens individual privacy, has opted to adjust and modify the penalty regime about the protection and processing of personal data, without waiting for the coming into force of the Organic Law in the matter, that is currently pending parliamentary processing.
Undoubtedly, we are faced with a topic that exposes us a manifestation of courage in the face of adversity and, that of necessity, places us in that constant and interminable struggle to live "better" or in more favorable conditions, where our fundamental rights and universal, we are not begged, much less taken away by the factual power of the State, without mediating government systems or sociopolitical problems of any context.
The Board of Administrative Complaints of the Supreme Court (hereinafter "TS"), on July 9 of the present, in its ruling "1166/2018," has spoken out in favor of granting legitimacy and authority to an Ambassador, as a representative of a state, for the purpose of carrying out a judicial action before the courts of the receiving State, without having to have a decision of the competent authority of the nation that represents. In concrete case, resort to the extradition of a citizen of the country that the diplomat represents.
On July 19, 2016, the plenary session of the Constitutional Court considered admissible proceedings for unconstitutionality appeals filed by the Government of Catalonia against the supreme law in relation to the Contentious-Administrative field of our country, as is Act 39/2015, of October 1, of the common administrative procedure of the Public administrations. The Catalan Government understands that this law invades regional competences assigned to the autonomous communities regarding the organization, the governing law and the procedure of the public administrations.
Gender violence and its consequent family impact are one of the main problems of today's society.
Wide sectors of the population have considered that procedural management in certain cases that involve gender violence has been unfair. Even large social mobilizations have been called in protest and demand for responses to the institutions of justice.
A total of 28 legal firms join in a valuable effort of a social nature, crystallizing the initiative launched in 2016 by the Vance Center in New York.
This figure is the total of companies that seal a historic agreement to form the working group created by the Pro Bono Foundation on Iberian soil.
A ruling of the First Chamber of the Constitutional Court has prohibited the search in digital newspaper archives by proper names. This opinion is a reflection of the controversy and the supposed incompatibility between the right to information and the "right to be forgotten", which has been generated in specialized networks and forums.
Spain is among the European countries with the lowest number of complaints and judgments in the judicial bodies of the euro zone. This is the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU).
These bodies exist under the European Convention for the Protection of Human Rights. It was signed by Spain in 1977 and ratified in 1979, after having passed through the approval of the Cortes Generales.
As of July 1, 2018, all the organizations that use model 200 for Corporate Tax will have to adopt some modifications.
Remember that model 200 is a report that must be submitted to the Tax Agency, and that affects all companies with residence in Spain; the income obtained during the tax period is taxed. As we say, for this year 2018 the tax presents some important changes.
The Court of Justice of the European Union (CJEU) has handed down judgment recently, on Case C147 / 16, which refers to a credit agreement managed by an educational institution in Belgium. Through this resolution, the European Directive on unfair terms is applied (Directive 93/13 / EEC) and is extended for the first time to educational institutions.
The e-sports or electronic sports have a very high potential for economic development and transformation of society. No one doubts that these videogame competitions are here to stay.
However, as with other innovative industries, regulation always seems to be behind schedule in relation to its development and its advances. But this does not mean that the participants of these competitions, who mobilize large sums of money, do not have legal obligations.
The Supreme Court has determined that any owner of a flat or premises can make use of it in the manner it deems appropriate. It may do so unless the change of use is expressly prohibited by the horizontal property regime, or by the statutory regulation of the community of neighbors.
Recently, the former Minister of Justice, Rafael Catalá, announced an increase of 30% of the fees of the ex officio lawyers. He did it during the Plenary Session of the General Council of Spanish Lawyers, which was attended by the 83 deans of the Bar Associations and the 12 elective counselors.
The law on payment services has been reformed, with the aim of reinforcing card transactions on the internet or mobile phones and the security of electronic payments. The Council of Ministers has approved the preliminary draft of this law; it adapts Directive 2015/2366 of the European Parliament and of the Council.
The new European Data Protection Regulation (RGPD) has new requirements and obligations. It represents an important change in the traditional model, when facing security measures to guarantee the protection of personal information.
Since May 25, there is a new regulation in Spain and throughout the European Union that regulates the protection of citizens' data. This new regulation has changed importantly the protection criteria. Companies that do not respect the new law have the risk of receiving millions in fines. The fines may reach 20 million euros.
The government has approved a new regulation that guarantees and consolidates the rights of complementary pensions; and this even when the worker has changed his company. This right must be recognized when the worker ends his employment relationship with the company, before his retirement.
The payment of fees and fines is a process that will now be much easier to perform. The reason? Hacienda will accept payments with credit cards by private parties. This innovation is due to the modification of several provisions prepared by the Ministry of Economy, reflected in the order PRE / 1064/2016 dated June 29.
The new data protection regulation, which will come into effect on May 25, brings important changes; this new norm will have the consequence of modifications in diverse questions of labor relations. Therefore, it is important to know what this new regulation is about and what is its scope in the workplace.
The new technologies and an increasingly competitive world, make necessary the continuous training and specialization of the lawyer. Lawyers have greater challenges before them, and can take technological matters as part of their training.
The digital transformation has reached the judicial level, with the implementation of Digital Justice. The digitalization of the procedures makes it possible at present that the queries, documentation shipments and signatures of documents, are made via internet.
The Internet has conquered the life of the world and has put most human activities within reach of one click. The traditional financial system has also received the impact and has been shaken by this digital revolution. The FinTech entities are one of the consequences of these transformations.
Once again, WhatsApp and Facebook have aroused great controversy about their privacy policies. The security of its users has been compromised, due to the non-consensual cession and processing of personal data accumulated on both platforms. In response to pressure from various European organizations, the AEPD has taken the decision to sanction the technological megacompany.
Since the entry into force of the L.O. 1/2015, important developments in the suspension of custodial sentences have been announced. The reform carried out in the Criminal Code provides for specific changes in the approval and revocation processes of said benefit.
Consumer purchasing habits have been changing, as the online purchase has settled. Last March 15, Consumer Day was celebrated, and again it has been confirmed that the number of people who make their electronic commerce operations in Spain is close to 20 million.
Some novelties in the relationship between artificial intelligence and the legal world, suggest that smart devices will allow the user to know the possibility of having recourse to a specific topic.
As of next May, the new regulations for data protection promoted by the European Union come into force. It aims to establish very clear rules regarding the handling of user data. In this way, greater protection is achieved in terms of the privacy of people, which has been seriously compromised since the massive use of the Internet.
A few days after 2018, they have already begun to publicize trends and developments in labor law. It is probable that they are the movements of the Spanish parliament, those that mark the course of the various processes.
WhatsApp has become one of the most popular messaging systems in the world. Because of its immediacy, scope and simplicity, it was to be expected that this would happen. What perhaps few suspected, is that conversations conducted by that channel, could be presented as evidence in trials.
The VAT applied to electronic commerce will begin to be governed by new rules this year 2018. The Ministers of Economy and Finance of the European Union (Ecofin) approved some measures with which they intend to update and improve the system.
Hay preocupación en la Comisión Europea por el uso de algunos programas digitales. Particularmente, están en la mira aquellas aplicaciones que gestionan tarifas online. Al parecer, están incurriendo en prácticas poco éticas, de cara al mercado.
Losing a loved one is a difficult experience. It is a situation that brings with it a multitude of issues to resolve. One of them is the issue of inheritance. Many people are not familiar with these procedures and therefore do not know what to do.
One of the furore news of the week was the announcement that Spain is preparing to take off the drone sector. To better understand this news, we will see below how this technology will be applied in our country.
The new Law on Public Contracts promises to improve the quality of employment in Spain. Its majority approval in Congress demonstrates the rejection of any regressive amendment that seeks to relax working conditions. Next, we summarize what changes and what remains with the new measures.
When a crime is committed, in addition to the criminal sanction that the court determines, the person or entity that is considered guilty must assume the civil responsibility that obliges it to repair the damages that it has caused.
In the case of individuals or individuals convicted of a crime, everything is very clear. But this is not the case when considering legal persons, corporations, associations or foundations. The fact of legally recognizing that legal persons can commit criminal offenses, puts on the table of the discussion of the jurists the subject of the civil liability subsidiary of a company in the crimes of its workers.
The crimes prescribe. This means that after a certain time the responsibility of the one who committed it expires, it ends.
This period of prescription of the offense begins to count from the day in which the act was committed. In case of continued or habitual crimes, the limitation period shall be computed from the day on which the last infringement was made.
It is issued in Murcia, the first sentence that declares null the clause that requires payment of mortgage loan expenses. Based on a case of the year 2015, feel a point of inflection, because it considers that it is an abusive clause.
The new Autonomous Law came into force on October 26. The new text has come to light as it was sent to the Senate, without any modification.
Regarding the entry into force of the measures it contains, a good number of them apply since its publication. For the application of others, we will have to wait until next year 2018.
The judge who directs the case is to summon people to testify. Generally, the investigations reveal the names of subjects who have had something to do with the cause that motivates the trial, either by their direct participation, by having been witnesses or by their relation with some of the affected ones. These people are summoned to testify about the facts that constitute the motive of the trial.
The transformation of the world caused by technology is a source of satisfaction for many people. Companies and organizations gradually discover the advantages of technological innovations. But as a counterpart, it is also a source of concerns that are affecting the world more and more.
The news comes from the international arena. It is an initiative that comes from an entity that regulates the activity of lawyers in the United Kingdom. The Solicitors Regulation Authority (SRA) is developing the mechanism to force law firms to publish more data in their services to clients. One of the data that should be made public is that of fee fees. This would be especially important in matters relating to online users and consumers.
The life of a sportsman is full of challenges, from the beginning in a modest village club, children have to work to be protagonists in the sport they practice. As they grow and develop they have to stay in shape and remain competitive. A huge challenge especially in the American sports system, in which athletes who can not afford to pay for college must be authentic cracks to get a scholarship and to be able to study.
Real estate passenger or bubble? Although much of the real estate sector - developers, banks, experts ... - denies that in Spain are committing the errors of the past and that we are witnessing the creation of a new real estate boom, the truth is that some indicators have begun to to make jump the first alarms, especially those that make reference to the evolution of the prices of the houses. The increases are not only generalized, but in some markets they are especially striking.
The Spanish Data Protection Agency (AEPD) has presented the tool "Facilitates RGPD". This is an online questionnaire that will help companies know how far they comply with data protection.
Recall that European legislation is quite rigid with data handled by companies. These are the main responsible for the computer security, in case of attacks of third parties and leaks of information.
The Minister of Justice, Rafael Catalá, held a meeting with officials of the judicial sector at the highest level, on 7 September. The meeting addressed the analysis of several of the measures being carried out to advance the reform of justice.
The timetable figure is an instrument that contributes to guaranteeing the right to freedom of association and is aimed at those who represent workers in a company. To this end, existing labor legislation establishes ways of freeing trade union representatives from the provision of services in the company so that they can exercise trade union activity with ease.
All citizens have the right to privacy. It should be remembered that even the law enforcement agencies, if they do not have a court order in their hands, can carry out surveillance or recordings of people in public spaces, much less in private spaces. This would be a violation of the right to personal privacy.
The ruling comes from the First Chamber of the Supreme Court, following a cassation appeal filed by a private person against CaixaBank. In that appeal, it was requested the total return of all the amounts paid by this person by the clause soil. These amounts can be considered abusive, since they were associated with the abusive grounds that the financial institution imposed on the individual, when signing the mortgage loan.
The Bar Association of Barcelona has stated that, although the new Civil Registry Law should have entered into force on June 30, all forecasts are aimed at a delay until June 30, 2019.
Delays in regulating some aspects
This delay in the implementation of the Civil Registry Law will lead to the postponement of certain issues, such as the one concerning the suppression of the prevalence of the paternal surname, in determining the order of surnames. This particular point has been announced by some media as novel. However, within two years we will not see the implementation implemented.
Among the objectives of the reform of the law of self-employed, is the empowerment of self-employment, helping entrepreneurs with a decrease in bureaucratic work and more aid and subsidies.
The new Act on Urgent Reforms of Autonomous Labor arises as a result of an initiative of citizens, the result of a process of negotiations between the main parties of the parliamentary arc, and the main associations of self-employed.
The agreement will begin in 2018 and includes a reduction in labor income, a drop in the tax rate and an increase in deductions.
From Citizens, the party that has agreed this agreement with the Minister of Finance, it is pointed out that the mechanisms that will reduce the pressure of the IRPF have yet to be analyzed. If the economic growth of the last two or three years is consolidated, and revenue increases, the reduction of the IRPF, especially for the most underprivileged income, can be important and have continuity for the coming years.
The initial draft of the future Data Protection Act is already advancing some important developments. Above all, regarding the minimum age necessary to be able to consent to the use of personal data, important aspects regarding sanctions and infractions, credit information and some figures that needed a specific definition, such as the delegate of Data Protection.
The falsification of documents is based on altering the elements considered essential in some of them, or to carry out a simulation of any of these documents. It is a crime regulated in the Penal Code, with several conditions that encompass it in several categories.
Philip VI and Chinese President Xi Jinping expressed their desire to further improve the strategic relationship between the two countries for more than a decade and to extend cooperation in different fields from "mutual respect".
His Majesty King Don Felipe arrived in Astana, the capital of the former Soviet republic of Kazakhstan, to participate in the inauguration ceremony of the 2017 Expo. He is accompanied by the Foreign Minister, Alfonso Dastis, and has already had a meeting With Chinese President Xi Jinping. The King is expected to meet with other heads of state, including Russian Vladimir Putin and Uzbek Shavkat Mirziyeyev. Tomorrow Saturday will be received by the host, the head of the Kazakh State, Nursultan Nazarbáyev.
In no time the drones have invaded world airspace and seem to have an infinite range of uses. For example, in several countries have already been released drone pizza delivery that bring home the famous Italian dish. However, the use of dron technology is not always peaceful and can raise numerous legal, ethical and safety issues.
New technologies and the Internet have fostered and implemented new consumption patterns in recent years. An alternative consumption that establishes the relationship between the one who offers a product and who needs a specific need, a model where it is allowed to lend, rent, buy or sell products based on specific needs and not so much for economic benefit, Known as collaborative economy.
Recently the population has seen a new wave of cyber attacks have hit a number of relevant companies and institutions worldwide, terms like malware or ransomware (ransom, rescue, and 'ware', software) begin to sound more. These cyber attacks consist of the dissemination of a certain malicious software that restricts access to certain files or parts of the affected system, demanding the payment of a ransom in exchange. That is why we should all have a basic notion of what it is and how to protect ourselves from it.
On March 15, 2007, Law 3/2007 regulating the rectification of the registration relating to the sex of the persons was promulgated, which permits the change of the registration in the Civil Registry relating to sex as well as the change of name, and Consequently, of all the official documentation of the applicant in order to correspond with his true gender identity. Through this process is also contemplated the change of name to be in accordance with the sex that is claimed.
Through Law 4/2013 of June 4, measures to increase the flexibility and promotion of the housing rental market, the Law on Urban Leases (LAU) was reformed. It was a very important change in the rent of houses in general and in the leases of houses of tourist use in particular. This type of lease is excluded from application of the LAU by introducing section e) of article 5. Passing therefore this activity to be regulated by the regional regulations in question of tourism and the regulations of their development.
The arrival in our lives of virtual assistants has turned many of the devices that surround us into habitual suspects of espionage. Not in vain, collect personal information at all times and remain listening constantly waiting for the order to get them started.
Jordi and Sandra, neighbors of Prats de Lluçanes (Osona), are not married and have just been parents of little Aleix. This Monday they have inaugurated the registry of stable or de facto couples of Catalunya. The free procedure allows for example that if one of the two is missing the other is entitled to the widow's pension, even if they have not married. So far only 30 Catalan municipalities had this record, after the closure in recent times of about twenty, including those of Badalona and Barcelona. This circumstance prevented many couples, both heterosexual and homosexual, to be constituted as a fact, since the procedure could only be carried out in the municipality where they were registered. There was, however, the possibility of doing so by paying through a notary. Starting this Monday, any Catalan will be able to access it and thus equip themselves with married people. The registry has been presented by the 'conseller' of Justícia, Carles Mundó, who explained that the objective is "to make easy the negotiations".
On July 25, 2015, the Official State Gazette published the Law 24/2015, of July 24, on patents, setting a period of vacatio legis of almost two years. Thus, this Saturday comes into force the new patent law with two main objectives: the harmonization of national and international legislation with Industrial Property rights and offer users more efficient and quality comparable to other international systems. We leave you the most important legislative news.
To avoid taxing inheritance and gift taxes, the General Tax Department has determined that all persons sharing a tenth lottery must be identified at the time of collection.
Advocate General Eleanor Sharpston emphasizes that European legislation prevents states from excluding days not worked from the calculation of days quoted, thereby reducing the period of unemployment benefit when most "vertical" part-time workers are Women who are disadvantaged by such national measures. In its conclusions presented today, it proposes to the Court that in its future judgment it should be replied to the Social Court no. 33 in Barcelona that the European Directive on the progressive implementation of the principle of equal treatment for men and women in matters of social security Is opposed to this. In more than 90 per cent of cases, the final decision of the Court follows the line of the Advocate General.
With the ruling made public yesterday by the CJEU, the court delimits the scope of action of the right of digital suppression and again seeks a balance between this right and the rest of legal obligations.
The floor clauses are one of the many abusive clauses that unfortunately we find in our mortgages, but they are not the only ones. There is more! many more!
As a result of the economic consequences of the financial crisis of recent years, the self-employed figure has grown enormously. The so-called TRADE (self-employed economically dependent) is a self-employed professional who, although he is registered as a self-employed, invoices a single client to at least 75% of his income.
The Minister of Finance, Cristóbal Montoro, said today that the Administration, that is to say the State and the autonomous communities with transferred judicial powers, will pay 21% of the VAT that must be applied to legal aid after a judgment of the Court European.
Since January 1 of this year 2017, minority shareholders of unlisted commercial companies have the right to have the company buy the shares at a reasonable price if they do not distribute dividends.
Banking entities such as Santander, CaixaBank or Bankia have decided to implement a new model of mortgage deeds to avoid future customer complaints regarding the expenses incurred in the creation of loans for the purchase of housing.
Unlike other countries and as stated in article 10 of Law 14/2006, of May 26, on Techniques of Assisted Human Reproduction, in Spain the wombs of rent (also known as surrogate maternity) are illegal and Penalized.
But, what is a surrogacy or surrogacy maternity?
In the midst of the scandals and crises of the housing clause and mortgage loans for the purchase of housing, the Government has decided to create a new mortgage law that regulates all fronts of financial institutions, mainly in the area of transparency in mortgage and In the pre-contractual information provided to the customer. According to Economy Minister Luis de Guindos, the purpose of this law is to provide greater legal security to the mortgage system and protect the citizen.
Individuals residing in Spanish territory who own movable or immovable property situated, deposited or managed abroad shall be obliged to submit, between January 1 and March 31 of the year following that to which the information to be supplied refers, The informative declaration of model 720 of the Tax Agency (articles 42 bis, 42 ter and 54 bis of the General Regulation of tax management and inspection procedures and procedures).
Since the 2008 real estate crisis, 400,000 to 600,000 evictions have been estimated. Now, we should not confuse the eviction by default of income or amounts assimilable to it with eviction by precarious.
After a hard day of work, Manolo arrives home; Check your mail, and find a letter from a company with a complicated name. He explains that, as a result of a contract, his lifelong bank has sold his debt to another company. And they give you a deadline to pay.
It is increasingly common to find products at a good price on websites that ship these products from outside the EU, especially from China. We must bear in mind that, being products from outside the EU, we will have costs associated with the importation, which are often not very visible in the websites that offer them.
Sometimes we are unprotected before big companies, which do not give us an answer to a problem that we have been able to have.
Within these problems, is the case of those people who have requested a management from a financial institution, and have not received a satisfactory response to their claims. What should we do in these cases?
The Crowdfunding, or micromecenazgo, in Spanish, is a network of collective financing, usually online, that through monetary or other contributions, they manage to finance a certain project in exchange for rewards, participations or, in some cases, altruistically.
Claiming a debt is legal. However, at the moment in which to demand a debt, the creditor (that is, who is entitled to the collection) calls at all times to the debtor to cause that, because of absolute feeling of weariness, the debtor pays yes or yes, it can be Producing an illegal activity.
We all have a friend, acquaintance or brother-in-law who has gotten an incredible bargain over the Internet. Encouraged by concepts such as "do not have a store open to the public everything is cheaper" or "sell so much that can greatly reduce margins" many people venture to make purchases through the internet that would never do in a street trade , To the extent that they would distrust the quality of the product or service.
Many times we find stores where, when we ask to change an item that we have bought, we are told that there is no possibility of changing it and, at most, offer us a voucher from the same store and for the amount of the first item.
A long-term visa entitles you to reside, reside and work, study or research in Spain. It is necessary for all foreigners wishing to enter Spain for this purpose, except for citizens of the European Union, Switzerland, Norway, Iceland or Liechtenstein.
As a result of errors in translation or use of words from other countries when we refer to our order, we often confuse terms that do not mean the same thing. This case is important in foreign documents.
He completed the U15 International Tournament 2016, organized by the Department of Sports of the Jiangsu province of China with the Foreign Office of Jiangsu Province, the municipal government Jiangyin of Jiangsu province and the Center for International Exchange Deportivo Jiangsu province.
On 22 September 2016 successfully completed Economic Cooperation forum organized by the law firm SF Lawyers Barcelona in China. The main objective of the meeting between the two countries was to promote economic development and investment of the participating countries.
They are more than 600,000 affected by the real estate collapse that occurred between 2004 and 2006. Billions of euros were derived from the bankrupt property developers and unfinished projects.
Now the banking heiress concentration since 2009 the real estate sector will face a wave of lawsuits. Old savings with financial risk, the bursting of the housing bubble and the recent success of law firms in shaping mass lawsuits supported by Supreme Court rulings, presented demands that they should be charged like millions responsibilities which they have been faced by ground clauses, preferred, marketing of complex products or IPOs. This wave of lawsuits could affect banks such as Banco Popular, Bankia, BBVA, CaixaBank and Sabadell, among others.