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Fines increase due to the new restrictions under the State of Alarm

30 Mar 2020
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We are sharing the full article by our colleague Sara Domínguez Ramos on penalties related to the restrictions under the State of Alarm, published by Estadio Deportivo: https://www.estadiodeportivo.com/estar-al-dia/2020/03/30/crecen-sanciones-nuevas-restricciones-alarma/273114.html “By Royal Decree 463/2020 of 14 March, the Government declared the state of alarm, pursuant to Organic Law 4/1981 of 1 June, on states of alarm, emergency and siege, which apply when extraordinary circumstances make it impossible to maintain normality through the ordinary powers of the competent authorities.” The state of alarm declared by the Government on 14 March 2020, for a maximum period of fifteen days, will remain in force in Spain until 12 April; Congress has ratified the extension of the decree approved on the 14th, with broad support from both the right and the left, with 321 votes and the announced abstention of the pro-independence parties. During the state of alarm, certain rights may be suspended, in accordance with...
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Criteria of the Directorate-General for Labour dated March 19, 2020. ERTE. Force Majeure and Coronavirus.

20 Mar 2020
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Due to its relevance, we are publishing the guidelines from the General Directorate of Labor to coordinate criteria regarding ERTEs and Force Majeure arising from the State of Alarm and the Coronavirus: “Considering this to be a matter of common interest for all labor authorities, the following criterion from this General Directorate on the referenced matter is hereby conveyed: Concept of suspension or reduction of working hours due to force majeure and economic, technical, productive, and organizational reasons. (Articles 45 and 47 of the Workers’ Statute) We refer, in general, to measures for the suspension or reduction of working hours, Articles 45 and 47 of the Workers’ Statute, when objective reasons justify the temporary suspension of contracts with exemption from reciprocal obligations to work and pay wages, while preserving basic labor rights. These measures can be adopted by companies: As internal flexibility or adjustment measures in the face of a...
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Royal Decree declaring a State of Alarm. Coronavirus.

17 Mar 2020
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Royal Decree declaring a State of Alarm. Coronavirus. Royal Decree 463/2020 of 14 March, declaring the state of alarm for the management of the public health crisis caused by COVID-19. It was published at around 11:30 p.m., following the public appearances given throughout the afternoon by the Prime Minister and several regional presidents. As the Royal Decree itself states in Article 1, it is enacted to declare the state of alarm provided for in the Spanish Constitution and in Organic Law 4/1981, “in order to address the public health emergency caused by the COVID-19 coronavirus”. This text, with the force of law, goes on to state that its duration will be 15 calendar days, extendable, as indicated by the Constitution subject to approval by Parliament, and it will apply throughout Spanish territory. This text entered into force at the very moment of its publication in the Official State Gazette. Competent...
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Unlicensed - illegal software. New Technologies IN DIEM Attorneys

The Use of Illegal Software and Serious Consequences for Companies.

05 Mar 2020
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Software. The term software is of English origin and has been defined by the RAE as the set of programs, instructions, and computer rules for executing certain rules on a computer. Software must therefore be understood as the intangible content of a computer, as opposed to its physical components, collectively referred to as hardware. Software. Legal Protection. Intellectual Property. As regulated in Article 96 LPI, software is understood as “any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or task to obtain a specific result, regardless of its form of fixation“. These are, therefore, all those programs and routines that enable the obtaining of specific results.   Software is regulated and protected by law, as it is considered an intellectual work, similar to scientific, artistic, or literary creations. This is established in Article 10.1(i) of the LPI, which...
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Sexual Freedom-IN DIEM Lawyers

Draft Bill on Sexual Freedom.

05 Mar 2020
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Introduction. Draft Bill on Sexual Freedom. The draft Organic Law amending the Criminal Code for the protection of the sexual freedom of citizens, which was approved last Tuesday, March 3, 2020, and remains non-public at this date, is currently being referred to consultative bodies. According to information provided by the Minister of Equality, Ms. Montero, the objective is to reform the current Criminal Code to provide victims of sexual abuse offenses with greater legal protection; a modification that arises in response to the public discontent generated by rulings such as the “La Manada” or “Arandina” cases. Furthermore, as stated by the Minister of Equality, the aim is to ensure the correct adaptation of Spanish substantive criminal law to the commitments adopted by the Kingdom of Spain upon signing the Council of Europe Convention on preventing and combating violence against women and domestic violence, better known as the Istanbul Convention. Restructuring...
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Conciliation Hearing. Dismissal. Employment Law.

20 Dec 2019
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The Conciliation Hearing: What is it? The conciliation hearing is an administrative procedure carried out before specialized bodies of the Autonomous Communities, through which employers and employees are encouraged to reach an agreement before resorting to the Courts. The purpose is to prevent litigation and thus avoid excessive conflict in the processes of termination of employment relationships. Is the conciliation hearing mandatory in case of dismissal? Yes, it is mandatory; and it is legally regulated in article 63 of the LRJS (Law Regulating Social Jurisdiction). Is the conciliation hearing free of charge? Yes, it is free of charge; no fees or prices are to be paid to the Competent Administration. Where is the conciliation hearing processed? This conciliation hearing is processed in the conciliation or labor relations services that each Autonomous Community has, usually depending on the General Directorate of Labor of the regional administration. How is the conciliation hearing...
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ERTE. Employee Benefits.

22 Nov 2019
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Workers affected by a Temporary Employment Regulation File, or more commonly known by its acronym ERTE, are entitled to their corresponding unemployment protection. Requirements to access the benefit in case of suspension of the employment contract due to an ERTE. To access this benefit, the following requirements must be met: 1st.- Be in a legal situation of unemployment. 2nd.- Register as a job seeker (and maintain said registration while receiving the benefit). Likewise, you must comply with the activity commitment included in the application. 3rd.– To receive the contributory benefit, you must have worked and contributed to unemployment for at least 360 days within the six years prior to the legal situation of unemployment, and not have used the contributions from that period for a previous benefit. 4th.- The unemployment subsidy may be received if you have contributed for a period of less than 360 days, provided that your income...
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Libra-Cryptocurrency-News-IN DIEM Lawyers

Cryptocurrency: Libra.

08 Jul 2019
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On June 18, 2019, Facebook and 27 other organizations presented the creation of a new cryptocurrency called Libra and the Calibra Platform, a cryptocurrency that can be used for both peer-to-peer transactions and purchases in establishments, as reported by EFE Agency. To this end, the Libra Association was established with its headquarters in Geneva (Switzerland), which will be responsible for controlling and developing the cryptocurrency. The promoters justified the location “because this country has a history of neutrality and global openness to blockchain technology, and the association aspires to be an international and neutral institution.” Among the founding members, notable names include – in addition to Facebook – Visa, Mastercard, Vodafone, PayPal, eBay, Spotify, Uber, Lyft, Booking Holdings (owner of Booking.com, Priceline.com, and Kayak.com), and Mercado Libre, among others. The goal is for Libra to be a stable cryptocurrency that can be used for daily transactions with minimal variations. This...
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Compensation for Provisional Imprisonment, following an acquittal or dismissal order. IN DIEM Lawyers. Criminal Law Specialists. Criminal Lawyer. Madrid. Seville. Malaga. Las Palmas, Gran Canaria. Tomares. Marbella. Estepona. Coria del Río. Mairena del Aljarafe. Mairena del Alcor. Dos Hermanas. Telephone.

Constitutional Court: Compensation in the event of acquittal or dismissal of a person in pretrial detention. Art. 294.1 LOPJ

07 Jul 2019
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The Constitutional Court has upheld by majority the internal question of unconstitutionality regarding sections of Art. 294.1 LOPJ, incorporating the doctrine established by the European Court of Human Rights and previous rulings of the Constitutional Court itself. The final wording of Art. 294.1 LOPJ is as follows: “Those who, after having been held in pretrial detention, are acquitted or have had a dismissal order issued, shall be entitled to compensation, provided that damages have been incurred.” Considering that pretrial detention always entails damages, it could be argued that in the event of acquittal or dismissal, the right to compensation should always apply. Notwithstanding the above, the Constitutional Court notes: “the requirements and scope of the compensation provided for in Art. 294.1 LOPJ must be defined through potential legislative intervention and, in its absence, through interpretations consistent with its purpose and the general theory of civil liability carried out by the...
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Bitcoin. Civil Liability. First Supreme Court Ruling. Specialist Lawyer in cryptocurrency and bitcoin. Madrid. SEville. Malaga, Las Palmas de Gran Canaria. Tomares. Marbella. Estepona. Coria del Río. Mairena del Aljarafe. Mairena del Alcor. Dos Hermanas. Phone.

Supreme Court: Bitcoins. First Ruling.

05 Jul 2019
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First Supreme Court Ruling on the Legal Nature of BITCOIN. The Criminal Chamber of the Supreme Court has issued a Judgment dated June 20, 2019, in Cassation Appeal 998/2018, addressing BITCOIN for the purposes of restitution and civil liability, examining the legal nature of this cryptocurrency. Statement of Facts. Controversy: Civil Liability and potential Restitution of BITCOINS following fraud. As reported in summary by the General Council of the Judiciary, through the aforementioned Judgment, the Supreme Court confirms a two-year prison sentence for the sole administrator of the company Cloudtd Trading & DEVS LTD, who signed management contracts with five individuals who delivered bitcoins to him in deposit so that, in exchange for a commission, he would reinvest the dividends and deliver the profits obtained. However, according to the proven facts, when these contracts were signed, the convicted individual intended to seize the bitcoins received without any intention of fulfilling...
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