The data privacy scenario in Portugal has gone through a number of changes in 2015, in light of the European Court of Justice’s (ECJ’s) October 2015 ruling on the invalidity of the European Commission Decision 2000/520/CE (Safe Harbour Decision) as a basis for data transfers to the USA.
On 8 June, 2015, the Spanish National Appellate Court gave its judgment on the Spanish Dell case confirming the conclusion reached in the prior Decision delivered by the Spanish Central Tax Tribunal (TEAC), that the activities of the Spanish subsidiary of Dell (Dell Spain) constituted a permanent establishment (PE) of an Irish sales group company (Dell Ireland).
On 1 November, 2015, the Portuguese legal regime on health advertising practices, approved by Decree-Law No. 238/2015, of 14 October, entered into force. It is applicable to all stakeholders, whether public or private, that benefit from, or participate in, the conception or diffusion of a health advertising practice.
Portugal has recently introduced changes in the rules applying both to restrictive and to unfair trade practices. The first amendments to the Restrictive Trade Practices Act were published on 8 October, 2015 (Decree-Law 220/2015) and came into force on 7 December.
The Boletín Oficial del Estado (Official State Gazette) – published on 25 July, 2015 – contains the new Patent Law (Law 24/2015), which introduced significant changes to the Spanish patent protection system. Of these changes, we feel the need to highlight the following, given their importance
The Portuguese state has created an Arbitral Court for sports, which has mandatory jurisdiction over all administrative disputes arising in relation to sports federations, sports leagues and the anti-doping authority. The goal was to remove these type of cases from the state courts, which in the context of sports disputes were often viewed as slow, ineffective and bureaucratic. The Portuguese Court of Arbitration for Sport (CAS) has been fully operational since 1 October, 2015.
Now that, according to the macroeconomic data, we are starting to leave behind the crisis, it is time to take stock of the legislation that has been introduced to improve the financing of small and medium-sized businesses (SMEs) in Spain.