Communications in general
In the case of Copland v. the United Kingdom on 3 April 2007, the European Court of Human Rights found that the notion of “private life” and “communication” within the meaning of Article 8.1 of the European Convention on Human Rights equally applies to e-mails sent from work as it does to telephone calls made from a business premises.
Since Spain is a member state of the European Union (EU), both have similar laws concerning how cross-border mergers must be regulated. However, there are some differences because Spain has implemented its own laws, which indubitably comply with the EU law, but nevertheless introduces some differences.
Corporate governance refers to those practices and processes that direct and control a company. The Spanish Corporate Governance Code provides the framework for attaining a company’s objectives and includes every sphere of its management from a company’s internal controls to its disclosure.
Whoever wants to invest in Spain can choose between different legal forms, with regard to the legal framework of his or her company formation. Spanish law distinguishes between corporations, partnerships and other legal forms.
Before any European Union law reform, it was near to impossible to enforce a judgement from one EU country in another EU country. Now, however, Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters contains rules on enforcing a judgement in another member State.
Organic Law 5/2010 of 22 June 2010, reforming the Spanish Penal Code, treats legal entities as subjects of law that are likely to commit crimes, on which real criminal sanctions can be imposed.
As noted in our previous articles (links to articles 70 and 71), the imposition of criminal liability on legal entities, as a result of the Spanish Penal Code reform, calls for proper control by the legal representatives of a company.
Competition law in the European Union and competition law in 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.
On 3 July 2015, the Official Spanish Gazette published Law 15/2015 on Voluntary Jurisdiction. Some part of its clauses came into force on 23 July, while many others will come into effect at a later time.
In previous articles, we have discussed the different ways that an employer may terminate labour relations with its employees.
Since 2012, after the labour reform and because of the serious economic crisis that Spain suffered, many companies had to make such contractual terminations based fundamentally on accredited economic circumstances.