No-deal Brexit and Data Transfers. The EDPB issues a note of guidance.

The European Data Protection Board (“EDPB”) has issued a note on how to approach overseas personal data transfers with the United Kingdom in case there would be a no-deal Brexit. No- Deal Brexit First of all what is understood under a no-deal Brexit? We explained that in our earlier post: what “a hard Brexit” actually meant. … More No-deal Brexit and Data Transfers. The EDPB issues a note of guidance.

Territorial scope of GDPR – Representative or DPO?

Territorial scope of GDPR. Representative or DPO? We help answering that question for many of our clients. It is an important one because of the considerable fines that maybe imposed if a company gets it wrong. Article 3 of GDPR sets out the territorial scope of the Regulation: If the processing of personal data takes … More Territorial scope of GDPR – Representative or DPO?

The new Spanish Data Protection Act 2018

In November 2018 Spanish Parliament adopted the new data protection act with a 93% positive vote. It adapts the Spanish legal framework to the General Data Protection Regulation and develops its topics. The Spanish Data Protection Agency issued a press release on the contents of the new Act. It further regulates issues like the rights … More The new Spanish Data Protection Act 2018

Almost 60,000 Data Breaches since May 2018

Almost 60,000 Data Breaches Reported since GDPR Implementation in May 2018 In the Netherlands 15,400 data breaches have been reported up to 29 January 2019; in  Germany – 12,600; in the UK 10,600; and in Spain 670(!). To date, 91 reported fines have been imposed under the new GDPR regime. The highest GDPR fine imposed to date is €50 million, by … More Almost 60,000 Data Breaches since May 2018

Art. 27 GDPR – Representatives of companies not established in the Union

Do I need a representative? For many companies outside of the European Union it is not clear whether they need to appoint a representative for data protection purposes. You will NOT need to fulfill this requirement when: processing which is occasional, and does not include, on a large scale, processing of special categories of data as referred … More Art. 27 GDPR – Representatives of companies not established in the Union

The Data Protection Officer (“DPO”). Do you need one?

Article 37 of the General Data Protection Regulation entails: If your company processes special (i.e. health data, religious data, racial data, criminal offences, etc) categories of information on a large scale you must appoint one and communicate the details of that Officer to the authorities. Article 37 of the General Regulation of Data Protection lays … More The Data Protection Officer (“DPO”). Do you need one?

GDPR – 2 days left

Although multiple EU Member States are apparently not ready to enforce the GDPR. There are 2 days left though… Therefore many watchdogs lack powers because their governments have yet to update their laws to include the Europe-wide rules, a process that could take several months after GDPR takes effect on May 25. If you have … More GDPR – 2 days left

The contractual relationship between Processor and Controller

The General Data Protection Regulation (“GDPR”) establishes in its article 28 the rules around the “Processor”. The Processor processes Personal Data on behalf of the Controller. The Controller has a duty of diligence when selecting the Processor and has to be able to prove it has been diligent in its choosing. It should, logically, only … More The contractual relationship between Processor and Controller

Data breach – the obligation to inform the authorities

If the General Data Protection Regulation (“GDPR”) is applicable to you, as of 25 May 2018 you will be obliged to inform the relevant authorities within 72 hours as of becoming aware of a data breach that you committed or your data processors on your behalf, unless the personal data breach is unlikely to result … More Data breach – the obligation to inform the authorities

GDPR, the legal obligation to inform your customer.

The General Data Protection Regulation is about to come into force on the 28th of May 2018. We are getting a lot of requests for advice and notice that although companies are willing to comply, a lot of new details are generally not known. For example: you become are aware that you had a data breach. … More GDPR, the legal obligation to inform your customer.

Heineken sells Beer & Food, including Cruz Blanca, Gambrinus and the Carl´s Jr franchise

Abac Capital acquires Heineken´s Beer & Food portfolio in Spain. Beer & Food was the brewer´s on trade division that included brands as Gambrinus, Indalo Tapas, La Chelinda and the Official Irish Pub and has approximately 400 outlets throughout Spain. Although the purchase price hasn´t been revealed it is said that the deal was worth … More Heineken sells Beer & Food, including Cruz Blanca, Gambrinus and the Carl´s Jr franchise

Spanish ex president Aznar leaves DLA Piper after exit Juan Picon to Latham Watkins

José María Aznar, Spain´s ex president of government is to leave DLA Piper. Aznar who studied law at Madrid´s Complutense university was a senior advisor for Latin America to the firm´s global committee. Big question apparently is whether he will follow his good friend Juan Picón, who left DLA Piper earlier to move to Latham … More Spanish ex president Aznar leaves DLA Piper after exit Juan Picon to Latham Watkins

Update on Catalonia: More than 1,400 companies changed corporate seats. Car maker SEAT might follow suit

In the last couple of weeks more than 1,400 companies have changed their corporate addresses, leaving Catalonia and registered somewhere else (in Spain). The main driver behind these moves is the fear of future (legal and political) instability that the independence crisis might bring and already brought about. Although economic consequences are not to be … More Update on Catalonia: More than 1,400 companies changed corporate seats. Car maker SEAT might follow suit

International transfers breaches fines

Transfers of personal data to third countries outside the EU are only permitted where the conditions laid down in General Data Protection Regulation are met. In contrast to the current regime where sanctions for breaching transfer restrictions are limited, failure to comply with GDPR’s transfer requirements attract the highest category of fines of up to … More International transfers breaches fines

International contracting is often complicated: let logic prevail

International contracting is often complicated by the fact that one of the parties, or sometimes both parties want to incorporate by all means standard conditions that might not at all be relevant. Almost always parties lose out of sight the balance between the value of the contract, the effort to get something on paper and … More International contracting is often complicated: let logic prevail

Non EU companies should appoint a DPO in Europe

The new General Data Protection Regulation (“GDPR”) that will come into force in May 2018 requires companies that the accessibility of the Data Protection Officer (“DPO”) should be effective for Data Subjects and other players. To ensure that the DPO is accessible, the Working Party 29 (the cluster of European data protection authorities) recommends that … More Non EU companies should appoint a DPO in Europe

Germany and The Netherlands, leaders in data protection in Europe

The Netherlands leads with reporting requirements on data leaks Germany and The Netherlands are the leaders in data protection in Europe. It means they are the front-runners in terms of reporting requirements on data leaks, Privacy Impact Assessments (an instrument for determining privacy risks of data processing in advance – PIA), the societal debate and … More Germany and The Netherlands, leaders in data protection in Europe

Independence, (legal) insecurity: Oryzon Genomics to leave Catalonia and move corporate HQ to Madrid

On the 3rd of October 2017 Oryzon announced it would relocate its management and administrative staff to Madrid (Statement). The reasons given are the optimisation of its operations and relations with investors. Although it does not mention the recent occurrences as a reason for the move, it does come straight after the referendum and the … More Independence, (legal) insecurity: Oryzon Genomics to leave Catalonia and move corporate HQ to Madrid

Catalan independence – the uncertainty is the most worrying for companies

Time to move company address? The route Catalonia is about to take will lead to further uncertainty in the coming years. will Spain let this occur, if not what can it do? Will the European Union let Catalonia in whilst Spain has a veto? There are many, many questions unanswered and lots of possible scenarios … More Catalan independence – the uncertainty is the most worrying for companies

Reverse charge mechanism for VAT within Europe

Principle: If a company in a certain member state renders services to another company in another member state, instead of the receiving company paying VAT on the received services, it has to withhold the VAT and pay it in its own country. The invoice it receives from the company that rendered the services should mention … More Reverse charge mechanism for VAT within Europe

The added value of understanding multiple languages with legal services

The fact that our lawyers understand various languages has shown once again its value in a transaction where Flemish and Spanish lawyers were seeking for a efficient solution. The mere fact that their correspondence had to be translated every time, brought much delay into the case and took out the momentum. B.A.S. is able to … More The added value of understanding multiple languages with legal services

In need of a Spanish or international contract?

A wide variety of contracts, including franchising, distribution, agency, lease, sale, employment, executive, free lance, real estate, rental, shareholder and consultancy agreements have been drafted and reviewed by our lawyers over time.   B.A.S. adds value in your contractual stages as it quickly grasps your needs, understands perfectly your language and works efficiently to getting … More In need of a Spanish or international contract?

Board of Directors or joint and several directors of a limited liability company in Spain?

Foreign companies often ask what the best form of governance is for their subsidiary in Spain. Of course this depends on the trust relationship the mother company has with the management of the Spanish company. Most efficient is the joint and several director, that director will be able to manage most the daily business of … More Board of Directors or joint and several directors of a limited liability company in Spain?

The use of Data Breach and other Data Protection Policies

Background It could happen to anyone a leak, a hack or a loss in their personal data storage system which imposes a risk to the rights and freedoms of natural persons. But how to react to a breach? Although probably everybody advocates transparency in data processing, the majority of reactions to such a breach is to … More The use of Data Breach and other Data Protection Policies

“Independent” Catalonia – moving your company to Madrid or elsewhere.

Now that the Spanish Constitutional Court has prohibited the referendum of October 1st, 2017, many companies in Catalonia are planning to move elsewhere in Spain in order to prevent getting mixed up in legal limbo. That the Catalonian government is serious on breaking with Spain can easily be deducted from the actual question subject of … More “Independent” Catalonia – moving your company to Madrid or elsewhere.

New (European) data protection legislation – GDPR

Do you have any doubts about the Spanish data protection regime and or the GDPR? Do you need your company to be compliant? We can help, we have experience in data protection for health care, insurance and other international industries. Do contact us if you would like more information on the subject. Business Advice Spain … More New (European) data protection legislation – GDPR

Apostille service for foreigners in Spain

If you need an Apostille on your Spanish document, we will be happy to arrange it for you. Do contact us if you would like more information on the subject. Business Advice Spain is highly experienced in international corporate matters. It has helped American companies and their employees for the last 15 years establish themselves in Europe.