Entries by Lawrope

News 2: “Data Adequacy” process for the UK

  The Trade and Cooperation Agreement (“TCA”) agreed on 24 December 2020 (and still to be ratified by the European Parliament), includes interim provisions for continuing unrestricted transmission of personal data from the European Union (“EU”) to the United Kingdom (“UK”) until 1 May, with a possible extension until 1 July 2021. Now that it […]

Step by step to selling a business in Spain!

Selling a business is not only selling a group of tangible assets but also includes goodwill and, therefore, a group of assets are sold which have been organised for producing or exchanging goods or services in the market. The possibility of selling that goodwill arises from the principle of contractual freedom contained stated in article […]

European entrepreneurs: please head East!

Global trade volumes suffered a sharp plunge in 2020, in spite of a late-year bounce. Put in perspective, some of the leading Asian economies did pretty well in this pandemic year with Taiwan, China, and Vietnam GDP expanding over 2% while South Korea economy contracted only 1%. Abandoning our European-centric view could however help us […]

Eastern Asia Markets: A sensible choice for European entrepreneurs

What do mega-regional free trade pacts, container routes volumes, and patent registration data have in common? The Regional Comprehensive Economic Partnership (RCEP) signed in 2020 by China, Japan, South Korea, Australia, New Zealand and ASEAN (Indonesia, Malaysia, Singapore, Brunei, Philippines, Vietnam, Laos, Cambodia, Thailand, Myanmar) is the world biggest free trade agreement. RCEP accounts for 30% of […]

EU Investments Treaty with China: Making Headway?

The EU-China Comprehensive Agreement on Investment (CAI) was signed on December 30, 2020 under the energetic push of Berlin, determined to take advantage of Beijing’s sudden flexibility on the terms of the bilateral investment agreement. Whether or not it is relevant to see it as part of Beijing’ efforts to pre-empt improving US-EU relations shall […]

The proof of foreign law in Spanish court proceedings

In judicial practice it is increasingly common to find that a court has to apply a national law different from the law of the State where the procedure is taking place, either because the parties have agreed to it – usually because of the inclusion of a choice-of-law clause in a contract – or because […]

News: UK-EU Trade and Co-operation Agreement N° 1

  On 24 December 2020, with a certain political theatricality, agreement on a UK-EU Trade and Co-operation (the “TCA”) was announced. In the opening paragraph of his foreword to the Summary Explainer of the TCA (the “Summary Explainer”), issued by the UK government on 27 December 2020, the Prime Minister, Mr Johnson, confirmed: “This Agreement […]