Combating late payment in commercial transactions: a new act of unfair competition

Law 18/2022 (“Ley Crea y Crece”) introduced a new paragraph to Article 15 of the Law on Unfair Competition, which is not trivial and provides that repeated non-compliance with the rules to combat late payment in commercial transactions will be considered unfair. The new wording of the provision is important to keep in […]

The Startups Act

On December 23, 2022, the so-called Startups Law came into effect (although some fiscal measures came into effect on January 1, 2023), but what are its main innovations and what can I do to have my company declared a Startup? Condition of emerging company or Startup. To benefit from the incentives […]

Troubles with force majeure

Who would have said that we would frequently be negotiating the wording of the clause regarding force majeure? In times of Covid-19, this has been a reality. As established by the Civil Code, «no one shall be liable for those events that could not have been foreseen, or that, if foreseen, would have been inevitable». In the clause regarding force majeure, we have […]

Energy upgrading and measures against the impact of COVID-19

The measures to address the health, economic and social impact of COVID-19 and the need to reduce energy consumption and improve energy efficiency, water efficiency and the efficiency of renewable systems have affected the horizontal property regime. For this reason, two Leyes de Régimen Horizontal have recently been adopted by the Government […]

Constitutional Court annuls part of the Catalan law regulating rents

The Plenary Court of the Constitutional Tribunal (TC) has partially and unanimously upheld the constitutional complaint filed by the PP against Law 11/2020 on Catalonia, which limited the prices of housing rental contracts, considering that it infringes the State’s competences. According to forecasts, this Judgment of the TC, which declares the constitutionality of Article 10 of the Law, will be published in the Official Gazette of the […]

The new market benchmark in real estate investments

The recent Law 11/2021, of 30 June, on measures to prevent and combat tax fraud, makes numerous changes across the national legal landscape, with the aim of adapting Spanish legislation in this area to the regulations in force within the European Union. One of the most important areas is the […]

The new criteria regarding the liability of the tenant and the guarantor

Comments on Judgment 787/2020, of November 4, of the 13th Section of the Provincial Court of Barcelona. This Judgment, which establishes very important criteria when interpreting rental contracts, stems from a lawsuit in which the plaintiff is demanding that the defendant pay a certain sum in […]

And, my entity, do you need a data protection delegate?

Before answering the first question posed, it is useful to know some differences between a Data Protection Officer (“DPD” or, “DPO” for its English acronym, which means: “Data Protection Officer”) and a lawyer. Well, the difference lies in the fact that the DPD exercises an independent role, and offers a multidisciplinary perspective more […]