Spain
Key Money: Takeaways for Using and Negotiating It in Hotel Management Agreements
Hotel developers or owners undertaking large hotel projects often need to top up their own funds or bank borrowing with additional or alternative financing. In some cases, especially for unique hotel assets or hotels attracting several competing operators, an option may be to have part of that financing provided by the hotel management company as key money.Courts tighten the noose on the reference value of real estate
Some high courts of justice are already raising doubts about the automatic application of the reference value, forcing “pay first and challenge later”. Besides, the Constitutional Court has recently admitted a question of unconstitutionality raised by the High Court of the Andalucian Community, which questions whether this mechanism violates the principles of economic capacity and reserve of law in tax matters.How to keep talent through permanence agreements and retention bonuses
Faced with increasing difficulties in attracting and retaining talent, many companies are turning to measures such as specialized training and financial incentives. In this context, we analyze two tools whose implications should be known: the permanence agreement regulated by the Workers’ Statute and retention bonuses.Are you feeding your AI model properly?
Although the AI Act (Regulation 2024/1689) does not regulate copyright, it does recognize the existing tension between technology providers and content creators. Seeking a balance between these two forces, it provides for the implementation of opt-out mechanisms allowing the owners of protected works to stop them being used to train AI models, while also allowing them to require suppliers to disclose the sources they have used. Compliance will start to apply on August 2, 2025, so now is the time to make sure that general-purpose AI model providers – including generative AI models – are ready to comply.Traveler registration: Is it legal to ask for a photocopy of a guest’s ID card or passport at the check-in desk of a hotel?
There is some uncertainty in the hotel industry over whether photocopies of ID cards or passports can or should be stored as proof of compliance with the obligations in Royal Decree 933/2021 on traveler registration. In this article we take a detailed look at what the legislation says and what guidance the AEPD has given on this subject.Double taxation treaties prevail over domestic law
According to the Spanish National Appellate Court (Audiencia Nacional), Brazilian “juros” must be classified as dividends for the purposes of the double taxation agreement between Spain and Brazil. Therefore, since treaties prevail over domestic law, the treaty-based exemption for such income cannot be denied.Proposal by the European Commission to amend the GDPR: a critical review and practical suggestions
The European Commission has recently presented a proposal to amend the GDPR with a view to reducing the bureaucratic burden on small and medium-sized companies. The main measure that has been introduced is to expand the exceptions to the obligation to keep a Record of Processing Activities (RoPA). Although the intention behind the amendment is positive, the approach taken has been criticized because it fails to bear in mind the essence of compliance with the Regulation. We analyze what this implies (not necessarily an improvement for small and medium-sized companies) and propose various alternatives to facilitate compliance with the GDPR.Data Economy, Privacy and Cybersecurity Newsletter - June 2025
In this newsletter we offer the latest news on data protection, privacy and cybersecurity. We address the most recent resolutions of the competent authorities and agencies, key judgements and the most relevant current issues in this area.