Articles

The monitoring of employee communications in Spain

Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.

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Cross-border merger regulations in Spain and the European Union

The European Union and Spain have introduced laws that regulate cross-border mergers that occur in Europe and ensure the rightful completion of the process. This article elaborates and compares the existing laws for this type of ventures.

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The new 2015 Spanish Corporate Governance Code for listed companies

The new Spanish Corporate Governance Code for listed companies aims to improve the corporate governance framework. This improvement can be done by boosting competitiveness and building transparency. In practice, one of the main principles presented by the Code is the “comply or explain” principle which distinguishes between binding rules and recommendations.

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Legal forms of company formation in Spain

The Spanish Corporation Law (Ley de Sociedades de Capital, LSC) distinguishes between the legal forms of a corporation, partnership and individual entrepreneurship when forming a company in Spain. This is a list of the main features regarding shareholders, equity, liability, founding costs, name assignment and notarial certification.

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How to enforce an EU judgement within the European Union

Council Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.

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Means to avoid corporate criminal liability in Spain

For a company to avoid criminal liability for crimes committed by third parties in the name of, or on the behalf of the company, the company must have a prevention plan for crimes and rely on a compliance officer.

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Fighting cartels within the Spanish Competition Law

Competition law in the European Union, the United States and the United Kingdom appear to have the same, or similar, objectives but are very diverse in the manner in which they deal with the law and issues that arise. The differences arise in matters such as fighting cartels, which is more common than one may think.

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What is the legal deposit of a website or blog?

The new regulation on the procedures for managing websites and blogs is to preserve bibliographic content and permit its access for cultural, research and informational purposes.

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The legal deposit procedure for online publications in Spain

In Spain the conservation centres determine which online publication should be in the legal deposit to be conserved.

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mediación en españa

Changes in the application of inheritance rights of foreigners in Spain

For the sake of efficiency and time management, the EU will unify the rules on succession rights of foreigners. Decisions taken by a Member State will be binding everywhere within the EU territories, and will not be subject to further revisions.

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