Data protection is an integral part of any business. The global regulatory landscape for data is continually evolving and businesses face a challenging environment in which to navigate compliance. Without confidence in how data is being used, it is difficult for a business to realise the full value of its data assets.
Del Canto Chambers provides a range of data protection advisory services tailored to suit a company’s needs. From advising on data protection compliance processes, assisting in the response to data subject access requests, to ad hoc advice on particular data and privacy issues. We can also provide representative services in Europe and the United Kingdom. Our experience in Intellectual Property lends itself to advising on the overlap between data protection compliance and rights that companies may have in data, such as database rights, copyright and trade secrets.
The General Data Protection Regulation (EU) 2016/679 (‘GDPR’) came into force in May 2018 and introduced a stricter regime than that which had previously existed. It gives data supervisory authorities the ability to levy substantial fines on companies for infringements: up to 4% of annual global turnover or £17.5 million (€20 million), whichever is the greater.
The United Kingdom (UK) has now left the European Union. Whilst the GDPR has been incorporated into UK law through the European Union (Withdrawal) Act 2018, there will inevitably be changes in data protection compliance over time. The Trade and Cooperation Agreement includes a 6-month reprieve on data transfers to the UK whilst the European Commission considers the UK’s application for adequacy. Depending on the outcome, businesses may need to re-evaluate the international flows of their data to make sure they are legally valid.
Del Canto Chambers advises on all aspects of compliance with the GDPR, UK GDPR and other privacy laws.
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Del Canto Chambers’ dual-qualified, multilingual tax lawyers have handled over 500 complex cases from Europe, the Middle East, Latin America, and Asia. Discerning London-based and international clients, corporations, solicitors, and tax advisors count on our expertise.
You can more about what clients have to say, about working with Del Canto Chambers here below.
The Beckham Rule is a special Spanish tax regime for expatriates. It allows qualifying individuals to pay a flat tax rate on employment income and to be treated as non-residents for certain other tax purposes.
Any individual who moves to Spain for professional reasons and has not been tax resident in Spain during the five previous tax years may apply. This includes employees, remote workers, directors, and certain entrepreneurs.
Qualifying income is taxed at a flat rate of 24% up to €600,000. Income exceeding that threshold is taxed at 47%.
You must not have been considered a tax resident in Spain during the five tax years immediately preceding your relocation.
Your move to Spain must be for genuine employment or professional reasons, such as:
Holding an employment contract with a Spanish or foreign companyWorking remotely from Spain under a Digital Nomad Visa
Acting as a highly qualified professional or entrepreneur conducting a business activity in Spain
Serving as a director of a company, provided that—if the company is asset-holding—you hold no more than 25% of its shares
You must apply for the regime within six months of registering with the Spanish Social Security system (Seguridad Social). This deadline is strictly enforced.
The regime applies for a total of six tax years: the year you become a Spanish tax resident and the following five full years.
The regime applies for a total of six tax years: the year you become a Spanish tax resident and the following five full years.
Under the Beckham Rule, all employment and professional income is taxable in Spain, regardless of where it is earned. However, income from non-Spanish sources—such as interest, dividends, investment income, and capital gains—is not subject to Spanish tax.
You are only subject to Wealth Tax and Solidarity Tax on assets located in Spain. Foreign assets are excluded from the Spanish tax base during the six-year period.
Your spouse and dependent children under 25 (or of any age if legally disabled) may also benefit from the regime, provided they meet the requirements and file separate applications.
If you move to Spain to act as a director, you may apply regardless of your shareholding. However, if the company is an asset-holding entity, your ownership must not exceed 25%.
If you cease to be tax resident in Spain before completing the six-year period, you will automatically lose the benefits of the regime. From that point onward, you will be taxed under the general Spanish tax system, which includes progressive rates and worldwide income taxation.
Del Canto Chambers has a specialised team ready and eager to support you to apply for Spanish nationality. If you are interested in applying and would like to know if you are eligible, we would be delighted to help you.
Del Canto Chambers specialists are constantly up to date with new legislative changes and aware of any Spanish tax and legal implications. Contact our Spanish legal and tax specialists to find out the best tax planning and corporate structures in your circumstances.
At Del Canto Chambers we are always sharing our knowledge and act as an active voice across different media. The following articles and news are related to and relevant for Real Estate Sale & Purchase and Spanish Tax Law.
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