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The Law on Business Secrets

On February 8, 2018, the Ministry of Justice of Spain published the Draft Law on Business Secrets, a law included in the 2018 Annual Regulatory Plan. This law will transpose EU Directive 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information. According to the explanatory memorandum of…

The remuneration of directors and statutory requirements.

The provincial high courts and the General Directorate of Registries and Notaries (Dirección General de los Registros y el Notariado – DGRN), in a number of decisions to date, have assumed the position that two different systems exist regarding the remuneration of company directors, with the following interpretation: Article 217 of the Capital Companies Act (Ley de Sociedades de Capital…

EUROPEAN UNION PORTS

Regulation 2017/352 of the European Parliament and the Council will significantly modify the Spanish and European port system as a whole. This regulation, which will come into force on the 24th of March 2019 will encourage competition between the European ports, which will likewise render them more competent globally. Overall, it will improve various aspects of the port and logistical…

THE OBLIGATION OF INCORPORATED COMPANIES TO DISCLOSE NON-FINANCIAL INFORMATION.

European Directive 2014/95/UE of the European Parliament and of the Council, of 22nd October 2014, which modified Directive 2013/34/UE, imposed the obligation to divulge non-financial information and information regarding diversity upon certain large companies and groups of companies. The objective of this modification was to “identify the risks to improve sustainability and increase investor, consumer and company confidence in general”.…

CONSUMER ARBITRATION: TRANSPOSITIN OF THE DIRECTIVE 2013/11/EU

Legal protection for consumers at European level has come a long way through 2 differentiated stages: The recognition of various principles and rights for consumers. The establishment of appropriate channels so that consumers can assert their rights as recognized in the earlier stage above. At present, we are at that second stage, for the European Parliament and the European Council…