A Spanish non resident tax law This article is about our soft landing services in combination with the application of Beckham´s law in Spain. In 2005 Spain adopted the Beckham law. Its purpose was to offer a mild tax climate to attract talented and highly skilled foreign physical persons in order to further internationalize and … More Soft Landing and the Beckham law in Spain
Business Advice Spain has specialized in so called “soft landing” services in Spain. It concerns services that help foreign companies and individuals to establish themselves in Spain. Often a company is already doing business in Spain buts has identified the need, or the wish, to establish and grow. How to go about that? Soft Landing … More Soft Landing Services in Spain
Brexit is looming and things are getting serious. In this article: “Brexit Spain Reciprocity Citizens” it is set out that Spain threatens to prejudice the rights of UK citizens resident in Spain, if the UK doesn’t treat Spanish citizens resident in the UK in the same way. The principle of reciprocity: “You will do the … More Brexit Spain Reciprocity Citizens rights
Faceapp Faceapp has been all over the news recently. The app has been around for a couple of years, but has gained sudden popularity over the last few weeks. With the popularity came the privacy concerns. The company behind Faceapp is based in Russia, or at least so it seems. It however subjects its terms … More FACEAPP & THE TERRITORIAL SCOPE OF GDPR
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? 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?
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 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
Background The UK triggered Article 50 of the Treaty of the European Union on 29 March 2017. As set out under that treaty, the UK has two years to negotiate a Withdrawal Agreement and framework for a future relationship with the EU before the point of the UK’s exit from the EU at 11pm GMT … More Brexit – what does “hard Brexit” actually mean?
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
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?
If you have any questions or doubts regarding your international set up and would like to discuss, we would be delighted to take a look and give our opinion. Do contact us without any obligation.
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
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
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.
Activities of a representative office Many American companies have doubts on whether a Representative office would be a good corporate legal form to start business in Spain. And how to establish it. A representative office is a fixed place of business set up by a foreign company. The Rep Office only pursues marketing or informational … More Establishing a Rep Office in Spain
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
Spain´s ex president Aznar, leaves 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 Watkins, another (american) firm in Madrid, to become … More Spain´s ex president Aznar leaves DLA Piper
This is not one of them. ‘I’m going via the wing’: Contact us if you had any troubles with your airline on Spanish soil. We can help you with the legal issues even if you would have left the aircraft this way.
The GDPR has set a couple of new rules for privacy policies. One of those conditions is a necessary mention that data subjects (the people whose personal data is being processed) can seek support from their local data protection authority when dealing with a data controller or processor who is not being helpful when a … More GDPR – Rules for Privacy Policies
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
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
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
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
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?
Foreign companies often ask what the best form of governance/ management is for their subsidiary in Spain. A “Board of Directors or joint and several directors of a limited liability company in Spain?” Of course this depends on the trust relationship the mother company (the shareholder) has with the management of the Spanish company. Most … More Board or joint and several directors?
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
Do you need a In need of an N.I.E. or a C.I.F.? We can help you, easily. Obtaining a (tax) identification number (N.I.E. is for physical persons and C.I.F. for companies) is often necessary for all kinds of procedures in Spain. You will need one for example for buying real estate or starting a company. … More In need of an N.I.E. or a C.I.F.? We can help you