Travelling restrictions Easter 2021
One of the most frequent question from many of our clients is about the travel and movement restrictions imposed by the state of alarm and the different regulatory provisions that are approved almost weekly in each of the autonomous communities. Specifically, we are...Travellers rights during Covid 19 pandemic
The regulations for crisis management derived from the COVID-19 pandemic are broad and changing, as is the epidemiological situation, which is causing governments around the world to have to readapt their legislation. In addition, 2021 brought a new challenge due to...Evictions : The Royal Decree-Law 37/2020, deals with evictions relating to the COVID- 19 crisis
After many debates, the coalition government has passed a law modifying the Royal Decree 11/2020 to deal with the continuing problem of housing evictions especially those relating to the most vulnerable families. On the 22 December, a decree was adopted which freezes...Draft Charter of Digital Rights
The Spanish Government has published details of a Charter of Digital Rights for public consultation. Comments can be made by email to derechosdigitales@economia.gob.es until the 4th December 2020. The rights included in the draft are: Guarantee of rights and...Draft Charter of Digital Rights
The Spanish Government has published details of a Charter of Digital Rights for public consultation. Comments can be made by email to derechosdigitales@economia.gob.es until the 4th December 2020. The rights included in the draft are: Guarantee of rights and freedoms...Granting of a power of attorney in times of Covid19
Power of attorney will be important in in these times of restricted travel, allowing attorneys to represent their clients in legal and administrations matters, such as the acceptance and division of inheritance, purchases and sales of real estate, obtaining the NIE...Fines for not wearing mask
Are the penalties for not wearing a mask legal? Yes, according to the Order of 14th July 2020, in Andalusia, the use of masks is mandatory for everyone over 6 years of age, even if a safety distance of 2 meters is guaranteed. Masks must be used in all...New residency rules after Brexit
Undoubtedly one of the most recurring questions in our office over recent months have been those relating to Brexit, as we approach the end of the transitional period of the withdrawal agreement which ends on 31st December 2020. You must register in Spain as resident...Domestic partnerships in Andalusia -part1
Almost all Spanish Communities have passed laws in order to equate domestic partnerships and marriages, however, the laws vary from one community to another. In this article we refer to the legislation of Andalusia: If you live in a domestic partnership, you should...Travel cancellations due Covid-19 outbreak.
The Covid-19 crisis has undoubtedly transformed our routines, especially travelling. Due to the global scope of the pandemic, governments around the world have issued mobility restriction rules that have impacted the sector, with the cancellation of the vast majority...The regulations for crisis management for COVID-19
The regulations for crisis management for the COVID-19 pandemic are broad and changing, as is the epidemiological situation, which is causing governments around the world to have to readapt their legislation. Taking into account the time of writing this...Domestic partnerships in Andalusia – part 2
Fiscal situation The Spanish Tax Administration recognizes two forms of family units: Married couples (with or without children) and Non-married couples or legally separated fathers or mothers who live with the children Domestic partners cannot file a joint...Adoption in Spain
Adoption in Spain is a legal process that follows very strict rules in order to protect the welfare of the child. Law 26/2015, of 28 de July introduced several requirements for parents requesting adoption and the adopted child, both nationally and internationally. Any...Brexit 2020 and its consequences for UK citizens in Spain
On the 31st of January 2020 the UK will leave the European Union. Until the end of 2020 the UK wants to negotiate a Free Trade Agreement with the EU – a very short time frame. However, the petition for another prolongation of the transition period, which must be...Consumer rights in restaurants
The State (Ministry of Industry, Trade and Tourism) and the Autonomous Communities (Registry of Tourism) are responsible for the general regulations for restaurants, cafés and bars In Spain. The respective town halls monitor the compliance with urban regulations,...Spanish Trademark Law / LOPD – The organic Law on Data Protection
Data Protection Throughout 2019 two laws which were reformed at the end of 2018 – the Organic Law on Data Protection (LOPD) and the Trademark Law – will generate great changes in the technological world. Here we have a look at the changes of the Data Protection...LOPD – the Organic Law on Data Protection
Throughout 2019 two laws which were reformed at the end of 2018 – the Organic Law on Data Protection (LOPD) and the Trademark Law – will generate great changes in the technological world. Here we have a look at the changes of the Data Protection Law: Video...Making a Will in Spain is essential
If you, as a foreigner, own a property or any assets in Spain, it is not only advisable to make a testament also in Spain – it is essential! 1. You decide who to leave your assets and property and their amounts, not the Spanish law. 2. It can run concurrent with...Guarantee of products purchased
The Rights of Consumers in Spain are included in the Constitution, specifically in Article 51, which guarantees the rights of consumers to protect their safety, health and economic interests. It also establishes the obligation of public authorities to provide...Maintenance claims in Spain
In Spanish law, maintenance comprises everything that is necessary by way of sustenance, clothing, living accommodation, health and education, which means the basic essentials of a person receiving maintenance. Those obliged to pay maintenance are: Parents...Streaming services under the new EU-Regulation – Cross-border portability for online subscriptions
‘This content is not available in your country’ – an annoying message, especially when you have paid for the service. However, a new EU regulation means you can now access Netflix, Amazon Prime and other services from any country in Europe. The...Ban on geo-blocking within the EU
Regulation (EU) 2018/302 addresses unjustified online sales discrimination based on customers’ nationality, place of residence or place of establishment within the internal market. The Regulation entered into force on 22 March 2018 in all EU Member States and...Rights of citizens under the General Data Protection Regulation (GDPR) of 2018
In this article we inform you about how your personal data is protected, the rights that help you to take back control of your data and what to do, if things go wrong. You have the right to: information about the processing of your personal data, and obtain access to...Recognition in Spain of a parental responsibility sentence made abroad
What needs to be done in order to obtain recognition and implementation in Spain of a decision on parental responsibility pronounced by a court in another European Union country? What is the procedure applicable? Decisions pronounced in a Member State on the...Consumer Rights in the Travel and Tourism Industry in Spain
The travel and tourism industry is very diverse and offers many different types of services that would be too long to list, however, four main categories can be identified which could give rise to disputes: Those relating to transport e.g. overbooking, loss of...Acquiring Spanish Nationality
There are different ways to acquire Spanish Nationality and these include: Spain is your country of origin if: One of your parents is Spanish If you were born in Spain and although your parents are foreigners at least one of them was born in Spain (except for...Municipal plusvalia claims
On the 16th February 2017, The Spanish Constitutional Court (TC) declared unconstitutional, null and void, several articles of the statutory rule in the Province of Guipúzcoa, regarding the Tax on the Increase of the Value of Urban Land (known as ‘municipal...Getting married in Spain
Foreigners can be married in Spain, in a civil or religious ceremony, provided that one of them is either a resident or registered in the municipality (empadronado) where they wish to be married. It is sometimes permitted for a couple to be married even though neither...New Law on Citizen Security
This is one of the most controversial laws of the last 10 years. It came into force on the 1st July 2015 under the general condemnation of the opposition parties.
Ownership of Firearms in Spain
The Legislation on the use and ownership of firearms in Spain is probably one of the most restrictive in Europe. This is included in the Spanish constitution under article 149.26 where it is said that the Spanish government has exclusive competence control over production, sale, possession and use of firearms and explosives.
Divorce in Spain – planning and first steps
In cases of irretrievable breakdown of a marriage sometimes the only solution is to file for a divorce. Spain has one of the most comprehensive and fair family laws in Europe making the process quick and easy, moreover Spanish law doesn’t require stating a reason for the divorce and the process can be initiated by a single party.
Non-profit Associations in Spain
Spanish law defines an association as “a group of people who enter into an agreement, in order to accomplish a common objective with a non -profit motive, independent (at least formally) from government, public administration, political parties and companies.” National associations are regulated by Law 1/2002 of the 22 March and by royal decree 1497/2003 of the 28 November.
New law on judicial costs in Spain
On the 20th of November the Spanish parliament approved law 10/2012 on the taxation of judicial proceedings. In short this law will introduce an additional fee every time that someone initiates a legal proceeding in: the Civil court, the Labour court and courts dealing with public disputes. Not affected are the criminal courts and the military court (criminal cases represent approximately 70% of all legal proceedings in Spain).
Credit blacklists and consumer protection in Spain
The current economic climate has led to an increase in people and companies going into bad debts all over Europe. This has in turn fostered the emergence of “credit blacklists”, where people and companies that have defaulted payments are recorded. In principle credit blacklists are tools intended to help assessing the risk of financial and commercial transactions. Therefore, they are instruments with a legitimate and useful objective, helping to safeguard the economy.
EU citizen’s residency in Spain and European Parliament Directive 2004/38/EC
The European Parliament directive 2004/38/EC clearly set the conditions under which a citizen from one of the countries of the European Economic Area (EEA) and Switzerland can reside in a different member state (EEA is the European Union plus Iceland, Liechtenstein and Norway). EEA citizens and family members have the right to move freely and reside in different EEA countries, nevertheless for stays over three months there are several conditions that have to be met.
Advantages of getting residency in Spain and the new rules applicable
There are several reasons to became resident in Spain, specially is you are thinking about selling your property, which include: If you are fiscal resident in Spain, and over 65 years of age, you are no subject to capital gain tax when you sell your property under the condition that it was your main residency for the previous three years.
Inheritance taxes in Spain – Differences between residents and non-residents in Andalucía
Spanish law states that if a foreign citizen owning assets in Spain dies, the inheritance process will be governed by his national law, no matter whether the deceased was a resident or not in Spain. Additionally the basic principle of universality will state that only one national law will govern the inheritance of the totality of the assets.
Divorce without frontiers
According to Eurostat, more than one million divorces are filed every year within the 27 countries of the EU; 13% of which involved citizens of different European nationalities. This state of affairs encouraged the European Commission to start a harmonisation programme with the objective of simplifying legal procedures for separation and divorces of couples with different EU nationalities.
Domestic Violence in Spain
Domestic violence is an important social problem in Spain. It is a type of physical or psychological violence which occurs within a household or an intimate relationship for example within a marriage, a family or cohabitation or even when dating. Domestic violence has many forms, including physical aggression but emotional abuse, intimidation; stalking and depravation of freedom are all forms of domestic violence. Even though the victims of domestic violence are predominantly women, children and elderly people are vulnerable and can also be victims.
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