EU: draft guidelines on GDPR extra-territoriality published

On 23 November 2018, the European Data Protection Board published its draft guidelines on Article 3 of the GDPR, being the provision that sets out the territorial scope of Europe's data protection legislation. The GDPR seeks (via Article 3) to extend… Read more

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such… Read more

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed… Read more

EU: Commission publishes draft whistleblowing directive

The European Commission has published a new draft directive to strengthen whistleblower protection across the EU.  The proposal is to provide EU-wide protection for blowing the whistle on breaches of specified types of EU legislation (for example, legislation on financial… Read more

EU: Data Use – Protecting a critical resource

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data… Read more

UK: HSF Global Guide to Whistleblowing

Herbert Smith Freehills has published the first edition of a Global Guide to Whistleblowing, providing a quick reference guide to the law and culture around employees 'blowing the whistle' in 40 key jurisdictions covering in EMEA, the Americas and Asia… Read more

Spain: Consolidation of labour law

On 23 October 2015, the Spanish Council of Ministers approved Legislative Royal Decree 2/2015, of 23 October, which approves the amended Spanish Workers' Statute. The Royal Decree is fully in force to the extent that it brings together provisions that… Read more

Spain: New legislation to promote employment

In December 2014 the Spanish Government approved the Royal Decree-Law 16/2014, which regulates the Special Program for Employment Activation. The main aims of this legislation are to : facilitate increased employment rates through employment policies; encourage the employer's maintenance of… Read more

Spain: 2012 Labour Market Reform declared constitutional

In a judgment dated 16 July 2014, the Spanish Constitutional Court rejected, by a large majority, an appeal lodged by the Parliament of Navarra in which it requested that three provisions of the 2012 Labour Market Reform be declared unconstitutional.… Read more

Spain: Government implements National Youth Guarantee System

Last Friday, the Spanish Government approved Royal Decree-Law 8/2014, of 4 July, that approves urgent measures for growth, competitiveness and efficiency; in order to improve the employability of young people, implementing the National Youth Guarantee System (the "NYG System"). ... Read more

Spain: Tax reform and employment implications

In July 2013 the Spanish government commissioned an Expert's Committee for Tax Reform to conduct an analysis of the Spanish tax system. In February 2014 the Experts' Committee published a report detailing its findings. If they are implemented, a number… Read more

Spain: Government budget proposal for 2014 – notes for employers

The Spanish Government has announced a rise of five points for the contributions to social security system applicable to the maximum contribution bases, setting it at €3,597 per month.  The government has also announced its decision  to freeze the Spanish national minimum wage… Read more

CRD IV – EU Bankers’ Bonus Cap

The European Commission intends to replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) with a regulation and a directive: the proposed Capital Requirements Regulation (CRR) and the proposed CRD IV Directive.  The detailed EU report on the proposal… Read more

Spain: Collective dismissals based on objective grounds

Evidence of the cause for dismissal, compliance with information or documentation obligations The High Labour Court of Madrid rendered two decisions, on 30 May 2012 (415/2012) and 11 July 2012 (542/2012), regarding the evidence presented as to the founding grounds… Read more

EU gender directive passes subsidiarity test

As previously reported,  on 14 November 2012 the European Commission adopted a proposal for a gender Directive which plans to introduce a 40% “minimum objective” for the proportion of female non-executive directors (“NEDs”) on EU listed companies.  The European Commission announced today… Read more

Key changes to Spanish employment legislation in 2013

The following changes have been introduced in Spain: the existing public pensions system has been modified penalties for non-complance with laws on control and surveillance of unemployment benefits and fraudulent employment have been increased social security contribution rates and minimum wages… Read more

EU publishes draft directive on board gender diversity

The European Commission has published a draft Directive which aims to improve gender diversity on boards of EU listed companies. The draft sets a 40% "minimum objective" for the proportion of female non-executive directors. The proposal also requires companies to publish targets for female representation among… Read more

Spain: collective bargaining agreements

A decision of the Spanish national appeals court (Audiencia Nacional) dated 10 September 2012 consolidates the new structure of collective bargaining approved by the Spanish Labour Reform Act. The decision confirms the primacy of the plant-level CBA over the sector-wide… Read more