The Act of Sharing
Article
June, 2026
France’s New Business Simplification Law (May 2026): What Companies Need to Know?
On 26 May 2026, France enacted a new law aimed at simplifying economic life and improving the business environment.
This reform introduces a broad set of measures designed to reduce administrative burdens, facilitate commercial transactions and accelerate economic projects[1].
For both domestic and foreign investors, the key question is not only what has changed, but how these changes affect business operations in practice.
A Structural Reform With Broad Scope
The law is particularly wide-ranging, covering multiple aspects of business activity - from administrative procedures to dispute resolution and industrial development.
It is structured around several key pillars, including:
. simplification of administrative procedures;
. improved access to public procurement;
. facilitation of dispute resolution;
. support for industrial and infrastructure projects.
Its overarching objective is to make the French legal and economic environment more flexible, predictable and efficient.
Key Measures Impacting Businesses
- Reduced Administrative Burdens
The law introduces a range of measures aimed at simplifying daily business operations, including the removal or streamlining of certain administrative requirements.
The intention is clear: allow companies to focus on their core activity rather than compliance - heavy formalities.
- Easier Access to Public Procurement
Access to public contracts is expanded through:
. simplification of procedures;
. progressive centralisation of public procurement on a single digital platform.
This development creates new opportunities, particularly for SMEs and foreign companies seeking to enter the French market.
- Strengthened Mediation With Public Authorities
One of the most significant developments is the generalisation of mediation in disputes involving administrative authorities.
The law provides that:
. mediation may interrupt appeal deadlines;
. limitation periods are suspended during mediation.
This represents a shift towards amicable dispute resolution, reducing reliance on formal litigation.
- Simplification of Business Transfers
The reform simplifies certain aspects of company sales and transfers, notably by reducing information obligations vis-à-vis employees in some cases.
This may facilitate transaction timelines and reduce legal complexity in M&A operations.
- Acceleration of Industrial and Infrastructure Projects
The law introduces measures to support major economic projects, including industrial facilities and data centres.
(https://justice.pappers.fr/loi/JORFTEXT000054131304)
By easing regulatory constraints, France aims to attract investment and accelerate strategic projects.
Practical Implications for Companies
While the law is framed as a simplification reform, it also reshapes how businesses interact with public authorities and manage risk.
A More Flexible but Still Structured Environment
Simplification does not eliminate legal risks.
Companies must adapt their compliance strategies, particularly in areas where formal requirements have been reduced or modified.
A Shift Towards Negotiation and Mediation
The development of mediation mechanisms is likely to:
. encourage early settlement of disputes;
. reduce procedural costs;
. change litigation strategies.
For companies, this creates opportunities to resolve disputes more efficiently - but also requires anticipating negotiation dynamics.
New Opportunities for Market Entry
The easing of access to public procurement and the acceleration of large-scale projects create:
. new business opportunities;
. increased competition for contracts.
Foreign investors may particularly benefit from a more accessible framework.
To conclude, the 2026 Business Simplification Law marks a significant evolution of the French legal framework.
By combining administrative simplification, enhanced access to markets and a stronger focus on mediation, the reform seeks to modernise the way companies operate in France.
However, beyond simplification, the law introduces new strategic considerations - particularly in dispute resolution and regulatory compliance - that businesses must carefully navigate.
How We Can Assist?
DÉFIS AVOCATS supports French and international clients with:
. navigating regulatory changes in France;
. structuring transactions and projects;
. managing disputes and mediation processes;
. developing practical, risk-based legal strategies.
[1] https://www.legifrance.gouv.fr/eli/loi/2026/5/26/2026-403/jo/texte
by Arnaud Fleury from France
Article
June, 2026
Lawrope AGM 2026
On June 4, 2026, Lawrope successfully held its Annual General Meeting in Istanbul, Türkiye. While combining on-site presence with virtual attendance, leadership outlined the alliance’s milestone achievements over the previous year and detailed the strategic roadmap for the upcoming term.
Navigating the Future: Excerpt From Robertson Emerenciano’s Address as Chairman of Lawrope’s Board of Directors
"It is my great pleasure and honor to welcome all of you to Lawrope AGM 2026. The meeting this year it's being held in-person in Istanbul, Türkiye, and virtually for those joining remotely from different parts of the world.
First and foremost, I would like to express my sincere gratitude to our local member, AVK - Lawrope's newcomer. We are truly delighted to hold Lawrope AGM 2026 in Istanbul, Türkiye, and to have the opportunity to experience the hospitality, professionalism and friendship of AVK.
Meanwhile, I would like to extend a special thank you to Mr. Haluk Avci, Chairman and Founder of AVK. Through his vision, leadership and entrepreneurial spirit, he has built one of the most respected legal firms in Türkiye. We are honored that he has welcomed Lawrope to his country and graciously accepted to host Lawrope AGM 2026.
My sincere thanks also goes to Mr. Varol Senel, Senior Partner of AVK, whose commitment, dedication and tireless efforts made the integration of AVK into our network possible. From the very beginning, Varol demonstrated a genuine belief in the value of international cooperation and in the opportunities that Lawrope creates for its members.
I would also like to recognize Mrs. Türkan Avci and the entire AVK team. Organizing an international event of this nature requires an enormous amount of work behind the scenes and their efforts in coordinating the logistics, operations, and countless practical details, have been instrumental in making this meeting possible. We are deeply grateful for their support and hospitality.
As Chairman of the Board of Directors of Lawrope for the 2025/2027 term, I would also like to express my sincere appreciation to my fellow members of the Board of Directors. The responsibilities entrusted to me could not be fulfilled without their valuable contributions, experience, guidance and unwavering support. Working alongside colleagues from different jurisdictions, legal traditions and cultures is a daily challenge, but it is also one of the most rewarding aspects of our organization. Our diversity broadens our perspectives, enriches our discussions and ultimately makes Lawrope stronger.
I would additionally like to offer a special word of thanks to Marta Guimarães. Throughout the preparation of this annual meeting and all long the last year, Marta has demonstrated exceptional dedication and commitment, ensuring that every detail was carefully planned and coordinated. This year's meeting is being hold in a hybrid format, combining both in-person and virtual attendance, which adds additional layers of complexity to the organization. Her efforts, along with the support of many others, have been essential to the success of Lawrope AGM 2026.
Furthermore, I would also like to thank all the members who have traveled to Istanbul, Türkiye, to ensure their physical presence reflecting the importance placed in the relationships we continue to build together. At the same time, I also want to acknowledge and give thanks to those who have reserved time in their busy schedules to participate virtually since, for for numerous reasons, they were unable to attend in person. Regardless of where we are physically located today, we are united by the same commitment to the continued growth and success of Lawrope.
Our annual meeting represents one of the most important moments in the life of our organization. It is an opportunity not only to review our achievements and challenges over the past year, but also to define our priorities for the future. Our work includes discussing strategic initiatives, membership development, business opportunities, marketing and communication projects, financial matters, governance issues and the continued evolution of our network. All this while upholding the importance of the business and social moments planned by AVK within Lawrope AGM 2026.
I encourage all of you to participate actively, share your ideas openly and contribute constructively to our discussions. The strength of Lawrope has always come from the engagement of its members and from our willingness to learn from one another.
I am confident that the diversity of perspectives, experiences and cultures represented physically in the meeting room - and virtually - will lead to thoughtful debate, practical solutions, stronger professional relationships and meaningful decisions that will help positioning Lawrope for continued success.
Thank you once again for being here, whether in Istanbul or virtually. I wish all of us a productive, inspiring and successful annual meeting, filled with meaningful discussions, valuable connections and decisions that will help shape an even stronger future for Lawrope.
Welcome to Lawrope AGM 2026! Let us begin!"
On June 4, 2026, Lawrope successfully held its Annual General Meeting in Istanbul, Türkiye. While combining on-site presence with virtual attendance, leadership outlined the alliance’s milestone achievements over the previous year and detailed the strategic roadmap for the upcoming term.
Navigating the Future: Excerpt From Robertson Emerenciano’s Address as Chairman of Lawrope’s Board of Directors
"It is my great pleasure and honor to welcome all of you to Lawrope AGM 2026. The meeting this year it's being held in-person in Istanbul, Türkiye, and virtually for those joining remotely from different parts of the world.
First and foremost, I would like to express my sincere gratitude to our local member, AVK - Lawrope's newcomer. We are truly delighted to hold Lawrope AGM 2026 in Istanbul, Türkiye, and to have the opportunity to experience the hospitality, professionalism and friendship of AVK.
Meanwhile, I would like to extend a special thank you to Mr. Haluk Avci, Chairman and Founder of AVK. Through his vision, leadership and entrepreneurial spirit, he has built one of the most respected legal firms in Türkiye. We are honored that he has welcomed Lawrope to his country and graciously accepted to host Lawrope AGM 2026.
My sincere thanks also goes to Mr. Varol Senel, Senior Partner of AVK, whose commitment, dedication and tireless efforts made the integration of AVK into our network possible. From the very beginning, Varol demonstrated a genuine belief in the value of international cooperation and in the opportunities that Lawrope creates for its members.
I would also like to recognize Mrs. Türkan Avci and the entire AVK team. Organizing an international event of this nature requires an enormous amount of work behind the scenes and their efforts in coordinating the logistics, operations, and countless practical details, have been instrumental in making this meeting possible. We are deeply grateful for their support and hospitality.
As Chairman of the Board of Directors of Lawrope for the 2025/2027 term, I would also like to express my sincere appreciation to my fellow members of the Board of Directors. The responsibilities entrusted to me could not be fulfilled without their valuable contributions, experience, guidance and unwavering support. Working alongside colleagues from different jurisdictions, legal traditions and cultures is a daily challenge, but it is also one of the most rewarding aspects of our organization. Our diversity broadens our perspectives, enriches our discussions and ultimately makes Lawrope stronger.
I would additionally like to offer a special word of thanks to Marta Guimarães. Throughout the preparation of this annual meeting and all long the last year, Marta has demonstrated exceptional dedication and commitment, ensuring that every detail was carefully planned and coordinated. This year's meeting is being hold in a hybrid format, combining both in-person and virtual attendance, which adds additional layers of complexity to the organization. Her efforts, along with the support of many others, have been essential to the success of Lawrope AGM 2026.
Furthermore, I would also like to thank all the members who have traveled to Istanbul, Türkiye, to ensure their physical presence reflecting the importance placed in the relationships we continue to build together. At the same time, I also want to acknowledge and give thanks to those who have reserved time in their busy schedules to participate virtually since, for for numerous reasons, they were unable to attend in person. Regardless of where we are physically located today, we are united by the same commitment to the continued growth and success of Lawrope.
Our annual meeting represents one of the most important moments in the life of our organization. It is an opportunity not only to review our achievements and challenges over the past year, but also to define our priorities for the future. Our work includes discussing strategic initiatives, membership development, business opportunities, marketing and communication projects, financial matters, governance issues and the continued evolution of our network. All this while upholding the importance of the business and social moments planned by AVK within Lawrope AGM 2026.
I encourage all of you to participate actively, share your ideas openly and contribute constructively to our discussions. The strength of Lawrope has always come from the engagement of its members and from our willingness to learn from one another.
I am confident that the diversity of perspectives, experiences and cultures represented physically in the meeting room - and virtually - will lead to thoughtful debate, practical solutions, stronger professional relationships and meaningful decisions that will help positioning Lawrope for continued success.
Thank you once again for being here, whether in Istanbul or virtually. I wish all of us a productive, inspiring and successful annual meeting, filled with meaningful discussions, valuable connections and decisions that will help shape an even stronger future for Lawrope.
Welcome to Lawrope AGM 2026! Let us begin!"
by Lawrope's General Secretary
Article
May, 2026
Right of First Refusal for Public Authorities
As is currently the case in the canton of Zurich and the cities of Lausanne and Lucerne, several cantons and cities already have a right of first refusal in place or are planning to introduce one for the benefit of the public sector. In doing so, they are influencing the real estate market – in some cases selectively, but increasingly also in a more comprehensive manner
Definition and Purpose of the Right of First Refusal
The local authority’s right of first refusal enables local authorities to acquire land on a priority basis when it is put up for sale, in order to fulfil public duties such as housing construction or infrastructure projects. It serves the purposes of land policy and urban development.
Practical Examples
In the city of Lucerne, the right of first refusal has been incorporated into the housing policy debate. The City Council intends to create or commission the construction of additional, and above all, social housing in the coming years. Preparations are currently underway in the political arena to introduce a municipal right of first refusal for properties. The City Council’s counter-proposal to an initiative by the SP City of Lucerne provides that the city may enter into the purchase contract in the event of sales of larger properties, particularly where the vacancy rate is 1.5% or lower. The referendum on this will take place on 14 June 2026. If approved, the right of first refusal would take on significantly greater importance in the city of Lucerne in future.
The city of Lausanne already has concrete experience in this area: there, the right of first refusal has been exercised in at least 14 cases to date. Even if this figure appears small in relation to around 500 transactions, it shows that the local authority can use it to influence the property market. In the cases concerned, private or commercial prospective buyers were also bypassed.
Right of First Refusal in Private Law
In private law, too, the right of first refusal is a well-known security instrument in connection with the acquisition of real estate and residential property. It may be agreed by contract and must be notarised to be valid (Art. 216(2) of the Swiss Code of Obligations). The right of first refusal may be exercised if the property is sold or if a legally equivalent transaction takes place (Art. 216c para. 1 CO).
Impact on the Property Market
Given current developments, the right of first refusal is taking on greater significance. Its introduction can have a lasting impact on existing market and power dynamics in favour of the public sector. The fact that only a few public bodies can exercise the right of first refusal and that these possess considerable financial resources gives them a clear advantage. Given the ongoing housing shortage and political initiatives to promote affordable housing, the already challenging competitive situation in the property market is being further affected.
For any questions relating to the sale or purchase of a plot of land or a flat, and in particular regarding rights of first refusal, the attorneys-at-law of Pilatushof AG will be happy to assist you.
by Adrian Schmid from Switzerland
Article
May, 2026
Who Makes Decisions for Me if I No Longer Can?
To ensure that, in the event of incapacity, the Child and Adult Protection Authority does not appoint an unknown person as a guardian, a lasting power of attorney can be drawn up to stipulate that decisions – such as the sale of a property – are to be taken by a trusted person of one’s own choosing
Legal Situation Without a Lasting Power of Attorney
In the absence of a lasting power of attorney, the right of representation generally lies solely with the spouse. However, this covers only day-to-day decisions, such as opening the post, paying bills or completing tax returns. Actions going beyond this – such as increasing a mortgage or selling a property – are not covered by the statutory right of representation. If such decisions are nevertheless necessary and there is no lasting power of attorney, the Child and Adult Protection Authority intervenes. It appoints a guardian to represent the person lacking capacity in matters that go beyond the spouse’s powers.
The situation is different for unmarried couples: there is no statutory right of representation. Without a lasting power of attorney and the relevant powers of attorney, a cohabiting partner can neither act legally on behalf of the person lacking capacity nor obtain information about their state of health. In such cases, the Child and Adult Protection Authority is obliged to appoint a guardian.
To be able to make decisions on behalf of a cohabiting partner who lacks capacity, it is advisable to draw up a lasting power of attorney.
Lasting Power of Attorney
A lasting power of attorney ensures that, in the event of a person becoming incapable of making decisions, the Child and Adult Protection Authority does not appoint an unknown person as their guardian. Instead, it specifies who is to act on their behalf.
The appointed person makes decisions regarding personal, medical and financial matters and acts on behalf of the person concerned in dealings with authorities and third parties. The lasting power of attorney only comes into effect when the person concerned is no longer able to make decisions for themselves. The lasting power of attorney is then reviewed and validated by the Child and Adult Protection Authority. Upon successful validation, the appointed representative is granted the right to make decisions in the best interests of the person lacking legal capacity and can identify themselves accordingly to authorities and third parties.
The content of the lasting power of attorney can be determined on an individual basis, and specific instructions can be given to the appointed person, for example regarding a preferred care facility. It is also recommended to appoint a substitute in case the appointed person is unable or unwilling to carry out the role in whole or in part.
Forms of a Lasting Power of Attorney
For a lasting power of attorney to be legally valid, certain formal requirements must be met. It may either be drawn up in one’s own hand (in the same way as a will) or be officially certified.
If drawn up in one’s own hand, the lasting power of attorney must be written entirely by hand, dated and signed. Alternatively, the lasting power of attorney may be officially certified by a notary.
Other Useful Documents
In addition to a lasting power of attorney, it may be advisable to grant each other powers of attorney so that you can act on behalf of your partner even whilst you are still of sound mind. You can grant a general power of attorney or, for example, a power of attorney specific to banking matters. These powers of attorney remain valid as long as you are of sound mind and they are not revoked.
A living will is also recommended. This sets out how you wish to be treated medically should you ever be unable to express your wishes yourself. It can also specify which individuals are authorised to receive information about your state of health.
For any questions regarding advance planning and the preparation of a lasting power of attorney, the notaries of Pilatushof AG will be happy to assist you.
by Adrian Schmid from Switzerland
Article
May, 2026
AGM Abogados Strengthens Its Position Among the Highest-Grossing Law Firms in the Expansión Ranking
At AGM Abogados, we once again rank among the law firms with the highest turnover in Spain, according to the annual ranking published by Expansión, one of the leading reference classifications within the national legal sector.
In the edition corresponding to the latest financial year, we have consolidated our presence in this ranking and recorded an increase in our overall revenue, reflecting the positive evolution of our activity and the continued trust of our clients in an increasingly complex economic and legal environment.
Our inclusion in the Expansión ranking highlights the strength of our growth model, which is based on the specialisation of our practice areas, constant adaptation to market needs and a firm commitment to technical quality and legal rigour.
This growth has been accompanied by the progressive strengthening of our teams, reflecting our ongoing commitment to talent as a key element in the firm’s development. The addition of new professionals responds to a strategy aimed at reinforcing key practice areas and ensuring the highest quality legal advice, consolidating a stable and attractive professional environment.
The increase in overall revenue and the evolution of our teams are the result of a strategy focused on long-term sustainable development, combining client proximity, innovation and professional excellence.
With this renewed presence in the Expansión ranking, at AGM Abogados we reaffirm our position as one of the relevant law firms in the Spanish legal market and our commitment to a solid, stable project aligned with the highest standards in the sector.
About the Annual Expansión Law Firm Ranking
The annual ranking published by Expansión is one of the main reference points within the Spanish legal sector. The report analyses the performance of leading law firms based on various indicators, including revenue volume, productivity and employment trends, offering a comprehensive overview of the state and competitiveness of the legal market.
by Viviane Gelpí Wenger from Spain
Article
April, 2026
AGM Abogados Strengthens Its Growth in Legal 500 and Expands Its Presence Into New Practice Areas
AGM Abogados has further strengthened its position in the 2026 edition of the international Legal 500 directory, achieving significant progress in key strategic areas and securing the inclusion of a new practice in the rankings.
One of the most notable milestones this year is the advancement of the Dispute Resolution practice, which moves up to Tier 4, improving on its previous ranking. This progression reflects the consolidation of the team led by Sergio López, Guillermo Bayas, Miguel Noriega and Gregorio Riber in handling complex litigation, as well as their growing recognition in the market.
Meanwhile, the Tax practice maintains its Tier 6 ranking, demonstrating the stability and consistency of a team led by Jordi Rovira, Leonardo Cárdenas and Ignacio Ruiz, who continue to support clients in an increasingly demanding tax environment.
As a new development, the firm has entered the ranking for the first time in the Commercial, Corporate and M&A category, achieving a Tier 5 position. This new ranking, led by Francisco Lacasa, Alex Carbonell, Julio Rocafull and Julio Menchaca, reinforces AGM Abogados’ commitment to providing comprehensive advice on corporate transactions and to further developing this practice area within the firm.
These results reflect the ongoing efforts of our teams and AGM Abogados’ commitment to delivering practical, client-focused advice. We are proud to see our core practice areas continue to grow and strengthen, and to welcome new areas, such as Commercial, Corporate & M&A, into the Legal 500 rankings.
View the full 2026 ranking here.
For further information or enquiries, please do not hesitate to AGM Abogados.
by Sandrine Le Jeune from Spain
Article
March, 2026
AGM Abogados Strengthens Its Presence in Chambers Europe 2026 With New Recognitions and Improved Rankings
AGM Abogados has once again been recognised in the 2026 edition of the prestigious Chambers Europe guide, further consolidating and expanding its position as a leading firm in the Spanish legal market.
New Distinctions and Improvements in Firm Rankings
- Corporate/Commercial: Barcelona – Band 5
For the first time, AGM Abogados has been ranked in the Corporate and Commercial category, one of the key areas of business legal advice. Led by Francisco Lacasa, Álex Carbonell and Julio Menchaca, the team has grown steadily thanks to its comprehensive advice to national and international companies on high impact corporate, commercial and contractual matters.
- Dispute Resolution: Barcelona – Band 5
The Litigation and Arbitration department secures its position in Chambers for the second year in a row. The leadership of Sergio López and Guillermo Bayas continues to reinforce AGM Abogados’ reputation as a trusted firm for companies facing court disputes and arbitration proceedings.
- Restructuring & Insolvency: Barcelona – Band 3
The Restructuring and Insolvency team has moved up to Band 3, underscoring the recognition earned by the Crisis Management and Business Continuity department. Under the guidance of Francisco Lacasa and Julio Menchaca, the team has strengthened its standing in insolvency proceedings, restructuring plans and distressed M&A transactions.
Individual Recognitions
- Dispute Resolution: Barcelona
Guillermo Bayas – Band 4: His inclusion in the rankings highlights his strong track record in complex litigation and commercial arbitration.
- Employment: Barcelona
Jonathan Gil – Band 4: His first ranking acknowledges his expertise in employment disputes, collective negotiations and strategic advice to employers.
- Restructuring & Insolvency: Barcelona
Francisco Lacasa – Band 3: He reaffirms his position for his outstanding work in corporate restructurings and insolvency procedures.
Julio Menchaca – Up and Coming: This recognition reflects his growing leadership in insolvency matters and his involvement in high level transactions.
A Testament to Our Clients’ Trust and Our Team’s Commitment
Chambers and Partners’ rankings result from a rigorous evaluation process based on the most significant matters handled over the past year, as well as independent interviews with clients and industry professionals.
These achievements not only recognise the technical excellence of our teams but also reaffirm the firm’s commitment to offering high quality, accessible and results driven legal advice.
At AGM Abogados, we extend our sincere gratitude to our clients for their continued trust, and we congratulate all the recognised professionals and the teams in Corporate, Litigation and Arbitration, Employment, and Crisis Management and Business Continuity. Their dedication, effort and strategic vision have been key to reaching these milestones.
by Sandrine Le Jeune from Spain
Article
February, 2026
International Data Transfers Between Brazil and EU: What Changes for Companies?
In January 2026, the Brazilian National Data Protection Authority (ANPD) issued Resolution CD/ANPD No. 32, recognizing the European Union as an international organization that ensures an adequate level of protection for personal data under the Brazilian General Data Protection Law (LGPD).
This decision represents a significant step forward for Brazil, aligning it more closely with leading international data protection regimes and contributing to the reduction of regulatory complexity and compliance costs, particularly for companies with global operations or frequent data flows involving Europe.
What Does This Mean in Practice?
From an objective standpoint, the resolution allows international transfers of personal data from Brazil to the European Union to rely directly on the adequacy mechanism provided for in Article 33, item I, of the LGPD. In certain operations, this means that the adoption of Standard Contractual Clauses (SCCs) established by the ANPD as an annex to Resolution CD/ANPD No. 19 of August 2024 is no longer legally required.
The recognition covers all Member States of the European Union, as well as Iceland, Liechtenstein, and Norway - countries that are part of the European Economic Area - along with the institutions, bodies, and agencies of the European Union itself.
However, this decision does not apply to transfers carried out exclusively for purposes of public security, national defense, state security, or criminal investigation and prosecution. In such cases, other international data transfer mechanisms remain necessary.
Furthermore, the adequacy decision does not eliminate the obligation to comply with the other requirements set forth in the LGPD. Companies remain responsible for ensuring that personal data processing is based on valid legal grounds, in compliance with the principles of the law, information security obligations, and data subjects’ rights.
Despite the benefits brought by the decision, the ANPD itself has provided for the continuous monitoring of the European Union level of protection and the reassessment of adequacy within a period of up to four years. This requires companies to maintain ongoing attention to regulatory developments.
Finally, with respect to transfers of personal data to countries not covered by the adequacy decision, or in scenarios involving the absence of equivalent legislation, onward transfers, or governance and risk mitigation strategies, the adoption and maintenance of specific contractual clauses - such as SCCs - remain legally advisable.
An important point that still goes unnoticed by many companies
According to Cecília Freitas of Emerenciano, Baggio & Associados – Advogados, most companies are still unaware that cloud data storage, data transfers for hosting and storage on servers located abroad, as well as the use of international systems in which data processing and storage occur outside Brazil, constitute international transfers of personal data and are fully subject to Article 33 of the LGPD, with all applicable requirements and legal mechanisms.
The adoption of internal administrative measures to regularize these transfers is urgent, especially considering that the ANPD continues to supervise and monitor compliance with the LGPD by companies in Brazil, including with respect to international data flows.
In summary, Resolution CD/ANPD No. 32 represents a concrete opportunity to simplify international data transfers with the European Union, but it does not eliminate the need for a careful, case-by-case legal analysis. The regulatory benefit exists, provided it is properly classified, documented, and supported by an appropriate data protection governance strategy.
If your company engages in international data transfers as part of its activities, reviewing data flows, contracts, and internal policies in light of this new decision is essential to reduce regulatory risks and to take advantage of the positive effects of adequacy.
The Digital Law team at Emerenciano, Baggio is available to support this assessment in a technical, secure manner aligned with best regulatory practices.
This content is for informational purposes only and does not constitute, nor should it be interpreted as, legal advice, a professional recommendation, or legal guidance for specific situations related to the topics addressed.
by Cecília Freitas from Brazil
Article
February, 2026
Extraordinary Regularisation of Foreign Nationals in Spain: Key Points of the Newly Announced Process and Preliminary Analysis
The Council of Ministers has recently approved the initiation of the procedure for an extraordinary regularisation process aimed at foreign nationals who were already in Spain in an irregular administrative situation. This is a broad-reaching measure intended to address an established social and administrative reality, providing legal certainty both to those affected and to the immigration system.
Although the final regulatory framework will be enacted by Royal Decree, the essential elements of the process have already been released, allowing for an initial legal and practical analysis of its scope and of the groups who may potentially benefit.
1. Context and Purpose of the Extraordinary Regularisation
This regularisation is part of a migration policy aimed at the effective integration of foreign nationals who already live and work in Spain but have been left outside the ordinary residence mechanisms provided for under the Immigration Regulations.
The stated objectives of the measure are to:
- Acknowledge the rights of people who already form part of Spanish society.
- Reduce prolonged administrative irregularity.
- Facilitate entry into the labour market under lawful conditions.
- Provide legal stability for both workers and companies.
This is not an isolated exceptional mechanism, but rather a recognised tool within the Spanish immigration system, used at various moments when social realities have exceeded the capacity of ordinary administrative channels.
2. Cut-Off Date and Eligible Individuals
A key element of the process is the cut-off date, set at 31 December 2025.
Foreign nationals may be eligible if they:
- Were in Spain before 31 December 2025, and
- Can prove at least five months’ continuous presence prior to that date.
For applicants for international protection, the requirement is that their application must have been submitted before 31 December 2025, irrespective of its stage of processing.
The regularisation applies regardless of nationality, provided that all regulatory requirements are met, including the absence of criminal records and the individual not posing a risk to public order.
3. Providing Presence in Spain: Beyond Municipal Registration
One of the most significant aspects — and one likely to generate the greatest variety of cases — is how individuals may prove their presence in Spain.
The information released makes it clear that:
- Municipal registration (empadronamiento) is not the only valid form of evidence.
- Presence may be proven through public or private documentation, or a combination of both.
This allows for an individualised analysis of cases where, despite not being registered, applicants have other sufficient evidence (medical, school, banking, employment or administrative documentation, among others).
For this reason, a detailed and strategic preliminary assessment of each case — both legally and documentarily — will be crucial in anticipating potential requests for further information and minimising risks during processing.
4. Type of Authorisation Granted
Successful applicants will be able to obtain:
- A residence permit,
- With automatic authorisation to work from day one,
- Valid throughout Spain and across all sectors.
The initial permit will be valid for one year. Once this period ends, the individual will need to transition into the ordinary categories of the Immigration Regulations, enabling gradual and stable integration into the system.
The procedure also enables the simultaneous regularisation of minor children residing in Spain, reinforcing the protection of family unity as a central element of the integration process.
5. Expected Timelines
Although the Royal Decree must still complete its formal adoption, official information indicates that:
- Applications will likely open in April 2026.
- The application window will remain open until 30 June 2026.
Given the defined timeframe and the expected high volume of applications, it is advisable to prepare documentation in advance, avoiding reactive approaches once the window opens.
6. Practical Recommendations and Prior Legal
From both a legal and practical standpoint, this regularisation requires:
- An individually tailored assessment of each person’s circumstances.
- A robust documentation strategy, particularly in cases without municipal registration.
- Coordination between the person’s administrative, family and employment situation.
For this reason, we recommend seeking specialist legal advice in cases involving non-EU nationals who were in Spain before 31 December 2025 — even if they have been in an irregular situation for years or lack municipal registration.
7. Our Support
The Immigration and International Mobility team at AGM Abogados is closely monitoring the legislative development of this extraordinary regularisation and is already conducting preliminary eligibility assessments for individuals and companies.
We are available to: assess the legal viability of each case; design the most appropriate documentation strategy and accompany clients throughout the entire administrative procedure.
Contact AGM Abogados if you need expert guidance.
by Mª Eugenia Blasco Rodellar from Spain
Article
January, 2026
Jordi Abras Joins AGM Abogados to Strengthen the Administrative Law Department
AGM Abogados is pleased to announce the appointment of Jordi Abras as a new Partner in the Administrative Law Department at the Barcelona office.
With more than 20 years of experience, Jordi Abras has built a solid career in the field of Administrative and Constitutional Law. A Law graduate from Universitat Pompeu Fabra, he began his career in 2001 in the Administrative and Constitutional Law department at Cuatrecasas. In 2004, he joined PwC, where he spent over a decade working in its Public Law practice. Since 2017, he has served as Partner in Administrative Law at Crowe Legal and Tax until his recent incorporation into AGM Abogados.
His professional experience covers a wide range of administrative law matters: public procurement, administrative and contentious‑administrative proceedings, compulsory expropriations, public subsidies and grants, sanctioning procedures, and the patrimonial liability of Public Administrations, among others. He has also advised public-sector entities on public‑private partnership projects, contributing a strategic perspective focused on achieving effective results.
Jordi combines his professional work with teaching: since 2015, he has been a lecturer in Administrative Law at Esade Law School, as well as in the Master’s Degree for Access to the Legal Profession at ISDE. He also holds an MBA and a Master in Public Administration (EMPA) from Esade Business School.
In Jordi Abras’ own words:
“Strengthening and developing the Administrative Law area at AGM is an exciting professional challenge. I feel I’m arriving at exactly the right moment and in the right place. A firm with excellent professionals, both technically and personally, and with all the necessary tools to provide the best possible advice to clients.
Administrative Law is present in every aspect of our activity, and in an increasingly complex and intricate regulatory environment, clients need close, honest and effective advice—one that understands their needs and offers the best solution within the regulatory framework applicable to their business.”
His appointment reinforces the Administrative Law Department at AGM Abogados and strengthens the firm’s commitment to technical excellence and the provision of a close, specialised service tailored to the real needs of its clients.
For further information, you can contact Jordi Abras here.
by Viviane Gelpí Wenger from Spain
Article
January, 2026
The Importance of the Mercosur–European Union Agreement
Today marks a historic milestone for global economic integration. The signing of the Free Trade Agreement between Mercosur and the European Union, after more than 25 years of intense negotiations, strategic diplomacy, and trust-building between two of the world's largest economic blocs, demonstrates a shared commitment to boosting trade through the reduction of tariff barriers, thereby creating the world's largest free trade area.
The agreement provides for the gradual reduction or elimination of import and export tariffs on goods and services over the coming years, reaching a market of more than 720 million people. It encourages trade among member countries of both blocs, in which Mercosur countries, on one hand, import manufactured goods incorporating high technological value, while, on the export side, ensure the supply of primary products such as crude oil, coffee, copper and iron ore, pulp, and other commodities.
Negotiations began in 1999 and spanned multiple political and economic cycles in both regions, marked by periods of progress and stalemate that reflected concerns over sanitary and environmental regulations, as well as sensitive productive sectors.
In December 2024, the final text was concluded, resulting in two distinct instruments: the Mercosur–EU Partnership Agreement and the Interim Trade Agreement. In January 2026, the Council of the European Union approved the agreement for formal signature, and today representatives of both blocs formally executed the treaties.
The scale of the commercial relationship between the blocs underscores the importance of strengthening international trade ties. In 2024, bilateral trade in goods between Mercosur and the EU exceeded €111 billion, comprising €56 billion in EU imports from Mercosur and approximately €55.2 billion in EU exports to Mercosur, reflecting a significant increase of over 50% in imports and 25% in exports.
Brazil clearly leads this relationship, accounting for more than 80% of total Mercosur–EU trade volume. In 2024, trade between Brazil and the EU reached approximately €89.5 billion, making Brazil the primary economic engine of Mercosur, followed by Argentina with around €16.4 billion.
Brazil's main EU trading partners in terms of imports, in approximate values, are Germany (€12 billion), France (€6.5 billion), and Italy (€6.4 billion), with these three countries accounting for more than half of total imports. On the export side, Brazil's main destinations are the Netherlands (€10.5 billion), Spain (€8.4 billion), Germany (€6 billion), Italy (€5 billion), and Belgium (€4 billion).
These impressive trade figures clearly demonstrate the relevance of the agreement for all countries involved in international commerce.
Outlook and Next Steps
The signed agreement is subject to legislative ratification by the European Parliament and the national legislatures of EU Member States, as well as by the parliaments of the Mercosur countries. Without this step, the treaty cannot formally enter into force.
Implementation will be gradual, providing for progressive tariff reductions under staggered schedules of up to 10 to 15 years to deepen trade liberalization. As a result, its effects will materialize over a longer economic cycle.
Although this next phase will still require a considerable period for full implementation, the most important point is that the first and decisive step has been taken. For Brazil and Mercosur, this development opens access to one of the world's most important markets and is expected to reduce local production costs due to lower tariff incidence. For the European Union, it strengthens a strategic partnership in the context of a rapidly transforming global economy.
The challenge now lies in transforming this treaty into concrete opportunities for growth, innovation, and sustainable development for all parties involved, while continuing to require political and diplomatic efforts toward a broader and essential reduction of barriers to free trade.
Lawrope has member offices in the various countries covered by the Treaty, allowing importing and exporting companies quick access to the markets of each bloc, offering specialized legal advice for any type of international transaction.
by Robertson Emerenciano from Brazil
Article
January, 2026
Individual Liability Action: How to Protect Shareholders and Creditors From Direct Losses
The liability of company directors is not merely a legal concept; it can have direct financial consequences for those who hold the position. With the end of the moratorium that suspended the calculation of losses for 2020 and 2021, claims against directors who fail to fulfil their duties are being revived.
Is your company prepared for this situation?
What Is an Individual Liability Action and Why Does It Matter to You?
An individual liability action, regulated by Article 241 of the Spanish Companies Act (‘LSC’), enables shareholders and third parties to claim compensation directly from directors for direct losses arising from acts or omissions contrary to their duties.
Key Requirements:
- Direct damage to the assets of the shareholder or creditor.
- Wilful misconduct or negligence on the part of the director.
- Causal link between the conduct and the damage.
Important: The company’s insolvency alone is insufficient; direct damage to the assets of the affected party must be proven. This means that directors may be liable with their personal assets.
Who Can File a Claim and in What Cases?
- Shareholders: when they suffer direct damage, such as being deprived of voting rights or denied agreed dividends.
- Creditors: if the director’s actions cause them direct harm. Mere non-payment is insufficient; there must be unlawful conduct (e.g. concealment of information, provision of false data or breach of legal duties).
Common Scenarios:
- De facto closure of the company.
- Losses reducing net assets to less than half of the share capital.
- Failure to comply with insolvency duties.
Why Act Now?
With the end of the moratorium, risks are increasing significantly. A preventive review can protect directors from personal liability and shield the company from costly litigation.
How Can We Help You?
At AGM Abogados, we design prevention and defence plans for directors and companies:
- Audit of directors’ duties and risk exposure.
- Protocols to avoid claims.
- Advice on restructuring and regulatory compliance.
- Defence in legal proceedings.
For further information and trusted legal advice regarding corporate law, get in touch with AGM Abogados here.
The liability of company directors is not merely a legal concept; it can have direct financial consequences for those who hold the position. With the end of the moratorium that suspended the calculation of losses for 2020 and 2021, claims against directors who fail to fulfil their duties are being revived.
Is your company prepared for this situation?
What Is an Individual Liability Action and Why Does It Matter to You?
An individual liability action, regulated by Article 241 of the Spanish Companies Act (‘LSC’), enables shareholders and third parties to claim compensation directly from directors for direct losses arising from acts or omissions contrary to their duties.
Key Requirements:
- Direct damage to the assets of the shareholder or creditor.
- Wilful misconduct or negligence on the part of the director.
- Causal link between the conduct and the damage.
Important: The company’s insolvency alone is insufficient; direct damage to the assets of the affected party must be proven. This means that directors may be liable with their personal assets.
Who Can File a Claim and in What Cases?
- Shareholders: when they suffer direct damage, such as being deprived of voting rights or denied agreed dividends.
- Creditors: if the director’s actions cause them direct harm. Mere non-payment is insufficient; there must be unlawful conduct (e.g. concealment of information, provision of false data or breach of legal duties).
Common Scenarios:
- De facto closure of the company.
- Losses reducing net assets to less than half of the share capital.
- Failure to comply with insolvency duties.
Why Act Now?
With the end of the moratorium, risks are increasing significantly. A preventive review can protect directors from personal liability and shield the company from costly litigation.
How Can We Help You?
At AGM Abogados, we design prevention and defence plans for directors and companies:
- Audit of directors’ duties and risk exposure.
- Protocols to avoid claims.
- Advice on restructuring and regulatory compliance.
- Defence in legal proceedings.
For further information and trusted legal advice regarding corporate law, get in touch with AGM Abogados here.