Unfair Competition: The Violation of Trade Secrets in Spain
The violation of trade or industrial secrets is regulated under Article 13 of the Law on Unfair Competition and consists of acts of exploitation of confidential information for the benefit of one’s self or a third party. To find a violation of secrets, a number of requirements must be met.
The Validity of video surveillance evidence in Spain
The latest Supreme Court’s sentences validate video surveillance evidence under certain circumstances and after fulfilling specific formal requirements, such as proportionality and notification to the employee, as a fair cause for disciplinary dismissal.
The abusiveness in the clauses of late-payment interest of personal loans
Recent judgments on abusive clauses oblige institutions and professionals who offer personal loans to consumers residing in Spain to review and adapt the clauses to legal constraints. Find here practical advice to implement.
Remedies Against Breach of a Shareholder’s Agreement
Under Spanish Law, there are different options to seek compensation for breach of a shareholder’s agreement, which are agreements that, although not mandatory, are highly recommended since they prevent future problems between partners and a company.
Smart contracts and consumer protection in Spain
Smart contracts are becoming the new preferred type of contract used in the financial sector. They are easy to use, have lower transaction costs, shorten settlement cycles, mitigate fraud and are transparent. However, an interesting aspect is whether smart contracts will offer consumer or buyer protection.
The post-contractual non-compete agreement in Spain
The post-contractual non-compete agreement is contemplated in Article 21.2 of the Spanish Workers’ Statute (Estatuto de los Trabajadores), and it is essential to preserve, among others, the experience, training, networking, etc. acquired by a worker during his or her employment in a company.
Obligatory legal information for a web page in Spain
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.
Legal aspects of online sales 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.
Regulatory regime applicable to consumer loans in Spain
Consumer loans in Spain are monitored by government regulatory agencies for their compliance with consumer protection regulation. The Bank of Spain (together with the Spanish National Securities Exchange Commission) is the government body that exercises general supervisory powers over domestic credit institutions.
Dismissal costs for a company in Spain
The reasons that can justify a disciplinary dismissal in Spain must be based on serious breach and negligence of the employee, for instance repeated and unjustified absence of attendance or punctuality at work, indiscipline or disobedience at work, the continuous and voluntary decline in the normal work performance or verbal or physical offenses.
