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BUFETE PARTNER OF HISPAJURIS, LAWYERS NETWORK WITH MORE THAN 38 HEADQUARTERS THROUGHOUT SPAIN.
Law firm founded in 1986 by the Lawyer and Economist José Luis Alonso Iglesias, under whose direction a group of qualified lawyers and professionals collaborate.
Design of Crime Prevention Protocol. Analysis of areas of criminal responsibility of the Company. Verification of compliance with legal regulations. Creation of protocols and documents. Training and implementation.
Within the area of commercial law, the activity ranges from business advice to Spanish and foreign companies to Mergers and Acquisitions.
Intellectual and industrial property lawyer
Judicial defense, trademarks and trade names, registration and transfer of domains, copyrights, licenses.
Data protection lawyer
Adaptation to European regulations, action protocols, file protection, employee training, claims to the Spanish Data Protection Agency, confidentiality agreements.
Civil liability lawyer
Medical civil liability, professional, industrial, corporate, environmental, labor and traffic accidents, among others.
Civil law lawyer
The main activity of Alonso & Asociados focuses on the Civil-Mercantile Area, developing in the Civil Area matters specific to private law such as civil liability, damages law, construction law.
Bank law lawyer
Alonso & Asociados provide legal advice services in the banking sector.
Alonso y Asociados has extensive experience in the field of insolvency law. We offer counseling, challenge, defense, due diligence ...
The aim of Alonso & Asociados is to optimise the resources and time of our clients. We intend on getting the greatest number of extrajudicial agreements and transactions.
Our department is specialised in arbitration procedures and proceedings with the aim of following our advice outside the courts, to search for effective and quick solutions that satisfy the interests of our clients.
Family law attorney
Alonso & Asociados has a specialised department in Family law, prepared to attend family crisis situations, divorces, food and every kind of processes related to underage victims, adoptions, tutoring, filiations etc.
Economic criminal lawyer
The majority of the activities of the criminal law department are focused on the economic criminal law.
In the Department of Labor Law we offer advice and service to both private and business workers, covering all the needs that arise in the labor market.
The lawyers specializing in insurance law cover all matters related to the field of insurance. From the claim management compensation for the coverage of any policy before an accident, to advice on insurance contracting, as well as the defense of the client in all types of procedures related to this matter.
Administrative law lawyer
This department advises clients, companies and individuals in their relationship with the Public Administration, thanks to our professional team that has a wide experience in this area.
Alonso & Asociados lawyers and economists offer a wide range of services related to the tax law for the specific needs of each client.
Alonso & Asociados developed a department dedicated to the study and defence of animal law. We have joined the challenge to fight for animal rights studying penal code reforms.
Second conviction against Volkswagen in Spain …
1788/5000The German manufacturer will have to reimburse an owner of an affected vehicle. Recently the second sentence of a Spanish court has been made public that condemns Volkswagen, together with the dealer dealer, to compensate the buyer of an affected vehicle, due to the deceit suffered. Pioneering sentences that will open the way: In an earlier post on our blog we commented the first of these sentences that condemned Volkswagen to indemnify. It was then a judge from Valladolid fixing the compensation at 10% of the purchase value of the vehicle. On this occasion, a new ruling ratifies the same arguments, the deception that Volkswagen committed when marketing vehicles with a tricky software that forces it to compensate the injured. Much attention if you are called from the workshop: Volkswagen has received authorization from KBA (German Federal Transport Agency) this month to implement a solution for all 1.6 TDI diesel engines. It is said that this solution will be introduced during this year 2017. If your vehicle has one of these motors and receives a call to “go through a workshop” you must exercise extreme caution and as we have been advising: Request that you give in advance the repair that will be made, detailing the technical modifications that will be made in your vehicle. And, above all, do not sign any document that supposes a waiver of your rights, which may prevent you from later claiming the compensation that corresponds to you. Our office, in coordination with the other partner offices of Hispajuris, maintains a personalized national service for the legal defense of the victims of Volkswagen.
8. Feb 2017
CONSIDERATIONS TO TAKE INTO ACCOUNT WHEN INSTALLING VIDEO SURVEILLANCE SYSTEMS IN COMMON AREAS.
Today there are many communities of owners who agree to install video surveillance cameras in common areas as a protection system for this type or areas and residents, although, before installation, and so as not to violate the regulation on data protection, it is necessary to know what are the steps to follow for its installation and start-up. Last December came into force the current regulation on Personal Data Protection, that is, the Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights. This law adapts the Spanish legal system to European Union Regulation 2016/679 of the European Parliament and Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of it. In the first place, in order for a community of owners to install surveillance cameras in their common areas, it is necessary that the installation is agreed by the Owners’ Board, taking into account, for this, what is established in article 17 of the Law of Horizontal property regarding the votes necessary for the approval of said agreement (favorable vote of three-fifths of the total of the owners who, in turn, represent three-fifths of the participation fees). In the agreement that is taken in this respect, and that, evidently, must be recorded in the “acta”, it would be convenient to specify the chosen video surveillance system, how many cameras are going to be installed and the areas that are going to be recorded. Once the Board of Owners has adopted the installation of a video surveillance system, and before putting it into operation, the community of owners must prepare the record of video surveillance treatment activities established in Article 22 of the Law on Protection of Personal Data and guarantee of digital rights. When we speak of registration, we refer to an internal document of the community of owners, in which the following aspects should be detailed: The data of the person responsible for the treatment, this being the owners’ own community. The purpose of the treatment, which would be the safety of people and goods. Category of the interested party, being, for example, the people who access the facilities. Category of data, in this case images. Days until suppression of the images, that according to the effective legislation is of 1 month from its recording. Security measures, detailing them. Also, it is necessary to inform people who access the common areas where cameras are installed that are entering a video surveillance zone. To do this, posters will be placed in the access areas to the video surveillance zone, located in totally visible places. In these posters you must clearly indicate that we are facing a video surveillance zone, the identity of the person in charge, who, as we have already indicated, would be the community owners, the possibility of exercising data protection rights and the person before which it has to be done and a reference to where to obtain more information about the processing of personal data. To facilitate this task, the Spanish Agency for Data Protection has a model of these posters. Another important aspect to take into account is the recording environment of the cameras installed, being that they can only record common areas of the community of owners, without filming the public road except the minimum strip necessary to capture access to the property of the community. Obviously, you can not record any other area that does not belong to the community. Another fact to take into account is if workers are going to be recorded, being that in that case they should be notified, informing them of the rights that correspond to the capture of images and not being able to record in their rest area. In addition, the collection must be done within the legal framework and in accordance with the provisions of the Workers’ Statute. Once we have installed the cameras according to the law allows us, it is necessary to know who, how and for how long the images can be seen. The community of owners must designate a person to be the only one who has access to the images captured and the area where the system is located. The person designated for the treatment of the images should be warned of their duty of confidentiality and secrecy, the steps to follow in the case of a data security breach and the technical measures to be used to guarantee the security of the recordings. and, therefore, the protection of the personal data of the people filmed. Both the access to the area where the recording system is located and the images that are filmed must be insured in such a way as to guarantee that only the authorized person will have access, being that if the access is made with an internet connection, restrict by means of a user system and password or any other means that guarantees access exclusivity. The location of the recording system must be a restricted area, to which, as already indicated, only authorized personnel can access. The images will be kept for a month, and after that period they must be erased. If the images show the commission of facts against persons, goods or facilities, the period of one month of storage would not be applicable, although the images must be made available to the competent authority within 72 hours from the date it is taken. Finally, note that the community of owners can hire an external video surveillance service, although this commission must be regulated by a contract that establishes the object, duration, nature and purpose of the treatment, the type of personal data and categories of stakeholders, and the obligations and rights of the person responsible. The community of owners, as responsible, must choose a person in charge of processing data that can comply with legal requirements, responding otherwise, for their duty of care before the choice of the person in charge. However, the hiring of an external video surveillance service does not exempt the community of owners from complying with the data protection regulations and with the records that it requires. As you can see, before installing in a community of owners of a video surveillance system, it is necessary to be very clear about all the necessary steps to avoid violating the right of protection of personal data of residents in the same or of the people who access it, since, nowadays, the tuition regulations on data protection is very demanding. Verónica Ávila Díez lawyer
20. Jun 2019
Precautions to be taken if the company closed the year with losses
If you are an administrator of a company that has closed the year with poor results you are interested to continue reading … Closing the exercise, it is time to take stock. We know that the annual accounts are formulated within the first quarter of the following year but it is advisable that the managers of the companies do not wait to that moment and they already value the obtained results. Despite the fact that, according to all indicators, the crisis has been overcome, it is certain that in more than one company the economic results are still bad. And beware, if in 2016 your company has generated losses perhaps the time has come to make decisions. Companies with losses … red alert !: Under commercial law, the annual accounts for 2016, which, as in most cases, are closed on 31 December, must be made by the directors of the company before 31 March 2017 and submitted for Approval to the General Meeting of Members, before June 30, 2017. But the deadline for approval until the end of June 2017 does not mean that up to that time the administrators of the company should not make decisions. On the other hand, if we close the year with accumulated losses, the company may be subject to dissolution, with the directors obliged to call a meeting to take action to remove this cause (for example an increase or reduction of capital) or to agree on the dissolution of the Company, with the opening of the liquidation phase. In addition, if the insolvency situation is concurred with the dissolution case (understood as a general breach of its payment obligations), the administrator is directly obliged to request the voluntary competition of the company. Maximum requirement for the administrator: In these cases of insolvency or cause of dissolution, the obligation to request the call or call a meeting must be made within a maximum period of two months after the Administrator knows this situation. And, be careful, in those cases where the losses are significant, it can be presumed that the manager knows the situation at the end of the year. The Law penalizes the defaulting administrator … If the administrator does not request the competition or convenes the Board within that two-month period, he may be declared personally responsible for the company’s debts. And it will not be an excuse to avoid this responsibility that the accounts are not yet approved by the partners … In conclusion, if the company is in a difficult situation, managers must comply with all the legal obligations. For this the company must have a correct legal advice to help you make timely decisions.
8. Feb 2017