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The Journal

The Journal January 2019

Argentina: Tax and Labor Benefits for Companies of the Future

Pablo Semenzato

The National Government seeks to promote a "Knowledge Economy Law" that replaces the current Software Law, with the ambitious objective of covering such important areas as robotics and biogenetics.

It is a law project resulting from the collaboration of the Ministry of Production and companies in the innovative sector, with particular encouragement from the Secretary of Entrepreneurs and SMEs. The initiative aims to facilitate the recruitment and training of talent, promote exports and encourage innovation (R&D) and the creation of new ventures.

International Real Estate Investment Companies Looking for Opportunities in the Andorran Market

Elena Redondo 

The Foreign Investment Law allowed the year 2012 that foreign capital participated in investments that aimed at the acquisition of properties and other real rights that would imply a proprietary use in Real Estate, located in the territory of the Principality of Andorra.

In this way, in a moment of change of paradigm with regard to foreign investment, a limitation included in article 14 of the aforementioned Foreign Investment Law was incorporated that made it impossible for Real Estate acquisition to foreign legal entities that is devoted to the acquisition or construction of real estate in order to market them, including leasing.

A New Judgment of the Court of Justice of European Union Aim to Provide Some Equilibrium Between the Intellectual Property Rights, and Other Fundamental Rights

Natália Vera
 

A new case of struggle between intellectual property rights and other fundamental rights was studied by the European Court of Justice; this case, constitutes a new advance in the search of an equilibrium between the mentioned rights, because the Court, in its analysis, had set the base for national judges look for that balance, balance that not always had been reached.

In this article, we are going to talk about the advantage of this judgment in order to demonstrate that although intellectual property must be protected, and the holders of copyright have to count with several means in order to protect it, there have to be a fair balance with other rights at stake.

Recent Developments in Data Protection Principles – Lloyd v Google LLC (2018)

Rachel Waller

The legal position established in 2015 by Vidal-Hall et al v Google Inc has recently been revised, clarifying the scope under which data protection compensation for the misuse of private information under section 13(2) of the Data Protection Act 1998 (DPA) is available. On 8 October 2018, Mr Justice Warby, the head of the High Court’s relatively new Media and Communications List, handed down judgment in Lloyd v Google LLC,reserved from 23 May 2018, dismissing an application for permission to serve proceedings in the USA against Google for its alleged breach of the DPA.

In Vidal-Hall the Court of Appeal determined that the misuse of private information constitutes a tort for which, without establishing any pecuniary loss or other material damage, compensation is available under section 13(2) of the DPA.

New Italian Rules for CFC

Maurizio Bottoni

Effective from the fiscal year starting after the fiscal year in progress to December 31, 2018 (i.e. from January 1, 2019 for calendar year companies), new Italian CFC rules were introduced by Legislative Decree n. 142/2018 which implemented in Italy the EU Anti-Tax-Avoidance Directive (so called, ATAD 1 and 2).

Controlled foreign company (CFC) rules have the effect of re-attributing the income of the controlled foreign entities to their shareholders, resident in Italy (individual, parent company, etc.). According to new art. 167 of the Presidential Decree n. 917/1986, a foreign company is qualified as CFC when at least one of the following conditions is met.