Blog

Area: Successions and New Technologies Author: Francisco José Marquez Villen DIGITAL WILL New Technologies and Law Every day, hundreds of billions of files are shared, stored, and used daily throughout the virtual world. Among the data generated are, among others: those you receive and send in emails and messages; those you share in photos, songs, and videos; the files you buy and store such as music, movies, video games, ebooks, etc.; those you manage in various accounts on your social networks—Facebook, Twitter, LinkedIn, Google+, Instagram, etc.—or virtual websites and domains; the profits you obtain on betting or lottery websites; and the services you contract virtually, from the purchase of a product to telematic procedures with an Administration. All this information forms part of a person’s digital assets and estate. When a person passes away, this digital estate remains in an eternal virtual limbo due to the lack of foresight within... Read More

Area: Regulatory Compliance Author: IN DIEM Technical Team Date: November, 2015 “The flapping of a butterfly’s wings can cause a Tsunami on the other side of the world” (Edward Norton Lorenz, mathematician and meteorologist of Chaos Theory, 1973) Rarely can one find a more metaphorical quote that manifests in a reality as precise and evident as it has been reflected in the VOLKSWAGEN CASE. Colombian researcher Francisco Posada and the team of engineers from West Virginia University, with a budget of 62,000 euros, represent the butterfly. The Volkswagen Group worldwide, with a minimum estimated cost of 22,500,000,000 euros, represents the Tsunami. The figures are correct and exact: a research project that cost 62,000 (sixty-two thousand) euros will cause the Volkswagen Group a projected cost of 22,500,000,000 (twenty-two billion five hundred million) euros in fines and compensation alone. This amount may presumably increase in both scope and quantity, meaning that just... Read More

Area: Companies Author: Ángel José Del Pino Ibáñez Date: November 2015 Family Businesses. Family businesses are characterised by bringing together the business and family systems, which entails specific features that are—clearly—the differentiating element that justifies their success worldwide. Indeed, among these features—as mentioned by Mr. Francisco González, Chairman of BBVA—are tradition and continuity, which foster excellence in the quality of products and services, a long-term vision of markets, customers and the business; flexibility in different environments, as well as ties with the societies where they are established. Notwithstanding the above, and even though the family business is subject to the same laws and fundamental determinants as any other company and operates in the same competitive environment, it needs to optimise its corporate structure in line with its specific features in order to achieve the highest level of development, growth and profitability. Paradoxically, it should be noted that the challenges relating... Read More

Area: Corporate Compliance Author: Jesús Morera Montes Date: October, 2015 Compliance: Outsourcing. Support for Implemented or Implementing REGULATORY COMPLIANCE Systems As you are aware, pursuant to Organic Law 1/2015, the CRIMINAL CODE requires a prevention or compliance system with specific requirements and conditions stipulated in the current articles 31.bis.2, points 1 to 4, of the Criminal Code, in order to achieve total exemption from criminal liability for both the Company and any potentially affected Administrative Bodies or Directors. The objective of total exemption requires the application of a continuous improvement process based on detected risks or changes affecting the organization. The outsourcing of the continuous improvement service can be developed in various areas, for example, from general/specific audits to the proposal of corrective measures, adaptation of processes or manuals, resolution of queries or issues requiring specialization or dedication, as well as support for the Compliance Officer or even the development... Read More