Combating late payment in commercial transactions: a new act of unfair competition
Law 18/2022 ("Crea y Crece Law") introduced a new paragraph to Article 15 of the Unfair Competition Law, which is not trivial and provides that repeated non-compliance with the rules on combating late payment in commercial transactions shall be considered unfair. The new wording of the precept is important to bear in mind [...].
The Startup Law
On December 23, 2022, the so-called Startup Law came into force (although some tax measures came into force on January 1, 2023), but what are its main novelties and what can I do to have my company declared a Startup? Emerging company or Startup status. To benefit [...]
Around force majeure
Who would have thought that we would be frequently negotiating the wording of the force majeure clause. At the time of Covid-19, this has been a reality. As stated in the civil code, "no one shall be liable for events which could not have been foreseen, or which, if foreseen, were unavoidable". In the force majeure clause, we [...]
Energy improvement and measures against the impact of COVID-19
Measures to address the health, economic and social impact of COVID-19 and the need to reduce energy consumption and improve energy, water and renewable systems efficiency have affected the horizontal property regime. For this reason, two Decree-Laws have been recently adopted by the Spanish Government to [...]
The Constitutional Court annuls part of the Catalan law regulating rentals
The Plenary Constitutional Court (TC) has unanimously partially upheld the appeal of unconstitutionality filed by the PP against Law 11/2020 of Catalonia, which limited the prices of housing lease contracts, considering that the competences of the State are invaded. According to forecasts, this ruling of the TC, which declares the unconstitutionality of the [...]
The new market benchmark in real estate investments
The recent Law 11/2021, of June 30, on measures for the prevention and fight against tax fraud, makes numerous modifications throughout the national legal panorama, with the aim of adapting Spanish regulations in this area to the regulations in force within the European Union. One of the most important areas of [...]
New criteria for tenant and guarantor liability
Comments on Judgment 787/2020, of November 4, of the 13th Section of the Barcelona Provincial Court. This judgment, which establishes very important criteria for the interpretation of lease contracts, arises from a proceeding in which the plaintiff claims from the defendant the payment of a certain amount in [...]
Detail of the new features of Decree 75/2020 of August 4, 2020, on tourism in Catalonia approved by the Parliament of Catalonia.
The BOE has recently published the State Rental Price Reference System developed by the Ministry of Housing, under the Housing Law 12/2023, of May 24. Introduction The following is a summary of the main regulation contemplated in Decree 75/2020, of August 4, 2020, [...]
And, does my organization need a data protection officer?
Before answering the first question posed, it is convenient to know some differences between a Data Protection Officer ("DPD" or, "DPO" in its acronym in English, which stands for: "Data Protection Officer") and a lawyer. Well, the difference lies in the fact that the DPD exercises an independent role, and offers a multidisciplinary vision more [...]