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Información de Roca Junyent sobre la nueva directiva de contrato de trabajo y conciliación

Labour Alert: Directives on work contract and conciliation information

16/07/2019

We invite you to read our new Information Alert of July, in which we discuss the measures introduced by Directive (EU) 2019/1152 of the European Parliament and of the Council, of 20 June, concerning transparent and predictable working conditions in the European Union and by Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June, on the reconciliation of family life and professional life of parents and caregivers, and repealing Council Directive 2010/18/EU.

Find the alert in the attached pdf.

Alerta fiscal presupuesto 2019

Tax Alert: Tax reforms envisioned in the draft of the State Budget Bill for 2019

16/01/2019

On 14 January, the Government laid its draft of the State Budget Bill for 2019 before the Spanish Congress of Deputies. The Bill envisages a number of tax changes we believe to be highly relevant.

Below we will provide a general outline of the main reforms yet to make their way through Congress.

Find the alert in the attached pdf.

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Tax
reglamento IBAE

Tax Alert: Cancellation of the Regulations of Tax on Packaged Sugary Beverages

16/07/2019

We invite you to read our new Information Alert of July, in which we discuss the cancellation, by the High Court of Justice of Catalonia, of the Regulations of the Tax on Packaged Sugary Beverages (IBAE).

Find the alert in the attached pdf. (Alert only available in Spanish).

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Tax
Alerta Informativa Departamento Fiscal

Tax alert: First application of tax on non-productive assets of legal entities

21/05/2019

We invite you to read our new Alert of May, in which we discuss the first application of tax on non-productive assets of legal entities established by Decree-Law 8/2019, of 14 May.

Find the alert in the attached pdf.

Roca Junyent analiza la ley orgánica de protección de datos

Data Protection Alert: New Organic Law on Data Protection

11/12/2018

We invite you to read our new Information Alert of December, in which we discuss the entry into force of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

Topics covered:

  • Why a new standard?
  • What are the main changes introduced?
  • How should we react?

Find the alert in the attached pdf. (Alert only available in Spanish).

File
Nueva LOPD (228.39 KB)

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Data Protection, Cybersecurity and Technology
Alerta informativa de Roca Junyent sobre la nueva LOPDGDD

Labour Alert: New Organic Law on Data Protection

09/01/2019

We invite you to read our new Information Alert of December, in which we discuss the entry into force of Organic Law on the Protection of Personal Data and guarantee of digital rights.

Topics covered:

  • The entry into force of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
  • Treatment of contact data, individual entrepreneurs and liberal professionals.
  • Treatments of certain commercial relationships.
  • Treatments for video surveillance purposes.
  • Internal complaint information systems.
  • Data lock.
  • Procedures in case of possible violation of the data protection regulations and sanctioning regime.
  • Right to privacy and use of digital devices in the workplace.
  • Right to digital disconnection in the workplace.
  • Right to privacy against the use of video surveillance and sound recording devices in the workplace.
  • Right to privacy when using geolocation systems in the workplace.
  • Digital rights in collective bargaining.

Find the alert in the attached pdf. (Alert only available in Spanish)

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Labour
Información de Roca Junyent sobre las principales modificaciones tributarias

Tax Alert: Main Tax Changes in Law 6/2018

23/07/2018

Law 6/2018 introduced few changes to Law 27/2014 regulating Corporate Tax, but some of the changes are of considerable importance.

Find the alert in the attached pdf.

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Tax
El Departamento Laboral de Roca Junyent ha asesorado a los pilotos españoles de Ryanair en el conflicto mantenido con la compañía aérea

Roca Junyent assessment of Spanish pilots of Ryanair

25/10/2018

The Department of Labour at Madrid’s ROCA JUNYENT Office, led by the consultant partner Mr. Luis Enrique de la Villa Gil, has been advising and directing the legal strategy of the Union Section of RYANAIR’s SEPLA in the dispute maintained with the airline to acknowledge the application of Spanish labour law and the jurisdiction of our courts regarding its pilots. 

Madrid, October 26, 2018.- Whereas in Europe, or even among cabin crew in Spain, they opted to call for a strike, Spanish pilots opted to go through the court by initiating collective legal actions, which have been essential to expediting negotiations that ultimately resulted in the signed agreement. 

On Tuesday, the agreement, which marked a milestone in the company’s labour relations, prevented a trial through collective legal action, which was indicated for 30 October at the National Hearing. 

Until now, the employment-class pilots hired by RYANAIR in Spain were subject to Irish labour law and to the courts of that nationality. The airline recognises the application of Spanish law, for probation periods and maternity and paternity leave periods from the same signing and in general before 31 January, 2019. Consequently, the jurisdiction of the Spanish courts and also the right of the SEPLA Union Section to appoint seven union delegates and negotiate a statutory collective bargaining agreement with them within the fringe covenant modality is acknowledged from that date on. 

With respect to the pilots hired by RYANAIR through brokers or intermediary companies, the company agreed to offer employment contracts to crew members subject to this regime who are based in Spain, considering the requests that these pilots presented at the beginning of each year. In any case, SEPLA expressly reserves the right to exercise timely actions in favour of their employment contract.

Roca Junyent ha representado a Juego Limpio en su demanda a Loterías y Apuestas del Estado por la venta de décimos en su web

State Lotteries and Gambling will not be able to market the National Lottery on its website

11/04/2019

Commercial Court No. 6 in Madrid assesses the demand for the Juego Limpio (Fair Play) Platform represented by Roca Junyent and declares that the State Company for Lotteries and Betting (SELAE) has acted unfairly, abusing the economic dependence of lottery administrations. SELAE is ordered to stop selling National Lottery décimos (minimum tickets) online.

Madrid, 11 April, 2019.– State Lotteries and Betting Sites will stop selling National Lottery tickets through their websites. This was declared in judgement 139/2019, made public on Tuesday by Commercial Court number 6 of Madrid, and which assesses the demand for the Juego Limpio Platform, which comprises 200 lotteries from all over Spain, represented by the Roca Junyent office. 

The Commercial Court found that the State Company of Lotteries and Gambling has abused the situation economic dependency of lottery administrations. In this regard, SELAE prohibits the administrations from selling products other than those of the SELAE itself; however, the State Company of Lotteries and Gambling, in contrast, has sold tickets over its website since 2015. 

José Carlos Escrig, Chairman of the Board of the Juego Limpio Platform, is pleased with “a ruling that, after years of litigation, condemns acts of unfair competition on the part of SELAE. Some activities have resulted in a decrease in the business of lottery. 

Meanwhile, Roberto Vallina, a partner in the EU Competition and Law Department at Roca Junyent, said that “this order highlights the situation of total economic dependence in which lottery administrations find themselves in relation to SELAE and how SELAE has abused that dependence. The court order, which benefits the entire industry and not just this association, is critical to restoring the rights of those affected.” 

However, the Juego Limpio Platform considers the judgement insufficient and has already decided to lodge an appeal. Lottery dealers believe that the banning of selling National Lottery tickets should include all establishments that are not traditional administrations. These are the so-called mixed establishments, which are mostly made up of kiosks, bars or state-run tobacco stores, and in general businesses whose main activity is not the sale of lottery tickets but which can be sold if the sales thereof account for less than 50% of their revenue.

Xavier Foz de Roca Junyent durante la conferencia sobre Blockchain en el 4 Years Fron Now (4YFN)

ICOs are dead: long live ICO 2.0’s!

25/02/2019
  • Xavier Foz, partner at the Roca Junyent law office, participated in the Blockchain and ICO 2.0 conference: What’s Up Doc in Regulation?, organised by the 4 Years From Now (4YFN) platform 
  • Foz has put the concept of ICO 2.0 or the Security Token Offerings (STO) on the table in response to the paradigm shift in the crypto industry 
  • For many investors, STOs are safer as they meet international regulations and the criteria for different regulators, which, unlike the first generation of ICOs, provides them with greater confidence when funding these projects

 

Barcelona, February 25, 2019.- The Roca Junyent law office has participated for the second consecutive year in the 4 Years From Now (4YFN), the start up and entrepreneur competition, organised by Mobile World Capital Barcelona Foundation and GSMA. Attorney Xavier Foz, partner at Roca Junyent, addressed the Blockchain and ICO 2.0 conference: What’s Up Doc in Regulation? organised by the Barcelona Bar Association (ICAB). 

ICOs have received a lot of attention since 2017. However, Xavier Foz explained that “they reached their peak in the first half of 2018 and since then the volume of this type of offering has declined significantly.” This is due to the fact that many of the first ICO-funded projects have not prospered; regulators are tightening the noose on unregulated offerings, and the demand for minority investors has collapsed. 

Thus, if Foz explained last year how the ICO boom was attracting the attention of regulators in the most relevant domestic and international jurisdictions, this edition has brought a new concept to the table: ICO 2.0’s or security token offerings (STO) as an alternative to traditional ICOs. According to the co-author of the Blockchain book: The industrial Internet revolution is facing a paradigm shift marked by regulation. 

Broadly speaking, for many investors, STOs are safer as they comply with the rules and criteria issued by different regulators; so unlike ICOs, they provide investors with greater confidence when investing in these types of projects. As Foz explained during his lecture, several European jurisdictions like France or Malta are taking steps in this regard. 

Regarding its regulation, the Roca Junyent partner explained that in the European Union securities tokens are subject to MiFID II (a European regulation that aims to improve the market security levels of financial instruments within the Eurozone), the Prospectus Directive and, where applicable, the Alternative Fund Management Directive (AIFMD). In Spain, CNMV has issued several communications in this regard, the criteria of which are in line with those of the European Securities and Markets Authority (ESMA). 

The workshop, which was attended by more than a hundred people, concluded by talking about the future of this global phenomenon and self-regulation initiatives and proposals for the evolution of this figure to improve investor protection.

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Data Protection, Cybersecurity and Technology
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