THE OFFICE THAT MOTIVATES

We provide you with a workspace to take on new professional challenges

In most cases, September is the month when many people return to normality after a few weeks of vacation. It is time to get back into the routine and professional reality is knocking on our door again.

To get through the first few days after vacation on a high note and not feel overwhelmed, it is essential to have a good attitude towards work. Gradually get back on track with work and review your agenda to see which tasks are still pending and which have already been completed in your absence.

Experts advise that, when returning to routine, it is appropriate to plan each of the new tasks to be carried out, scheduling the activities and establishing realistic objectives on a weekly basis. It is also important to avoid unnecessary activities or meetings and adapt the pace of work to our daily reality, so that we do not take on more tasks each day. It is better to go slower and adapt during these first few days.

It is as important to return to work with a good attitude and proper planning as it is to have the most appropriate tools to facilitate your professional performance. For this reason, from IL Coworking & Legal Services We have everything ready so that your day-to-day life is completely satisfactory and you have a workspace that helps you stay motivated.

In order to make your return easier, we would like to remind you that we still have our special rates active if you complete your check-in before September 29th. Don't miss the unique opportunity to guarantee your individual table in our coworking space and secure the best prices for September. We are at your disposal and do not hesitate to contact us.

In any case, remember that we offer you a wide range of possibilities, from fixed desks in open-plan shared offices to private offices, without forgetting our value-added services in secretarial support, administrative tasks or expert legal advice if you need it.

In IL Coworking & Legal Services We are committed to providing a close and comprehensive service to meet all your needs. For this reason, once again this month we are offering you this News Bulletin, in order to keep you informed on matters of interest to your professional performance.

BUSINESS ACTIVITY

Spain creates more than 63,000 companies between January and June, the highest number in 17 years

According to the latest data published by the National Institute of Statistics (INE), an entity that reports monthly on the creation of commercial companies in our country, we can conclude that during the first half of the year a total of 63,291 new companies were established throughout the country. This figure represents a new milestone in the creation of commercial companies and represents an increase of almost 41% compared to the same period of the previous year, when pre-pandemic figures had already been far exceeded.

 

Of the more than 63,000 companies established, around 20% belong to the trade sector. This is followed by real estate, finance and insurance, with 17%, construction and hospitality (with 13% and 11%, respectively), according to data from the INE, which is based on figures from the Central Commercial Registry.

The number of companies dissolved has also shown a positive trend, with a decrease of almost 61% in relation to the same period of the previous year, which indicates greater stability in the Spanish business fabric. With sustained GDP growth, a reduction in the unemployment rate and an increase in internal demand, companies have found a more favourable environment in which to operate and grow. In fact, the improvement in macroeconomic conditions has reinforced business confidence, which rose by 1.5% in the third quarter of the year, thus chaining together three consecutive quarters of increases, according to the INE. In total, between January and June 13,075 businesses disappeared, some 800 fewer than a year ago.

It is also noteworthy that the initial contribution of the partners for the creation of the new companies is now greater. The average subscribed capital increased by 25.91 TP3T in the semester, to around 50,000 euros. The indicator suggests that recently created companies are emerging with a more solid financial base. The activity with the most money committed has been that linked to real estate. On the other hand, although the number of businesses that have increased their capital has fallen by 2.41 TP3T compared to 2023, vigorous growth is observed among those that have increased their resources. According to the INE, the subscribed capital in the increases rose by almost 101 TP3T in the cumulative, which translates into a tank of oxygen in case of possible challenges in the market.

The communities with the highest number of business companies created in the semester as a whole were Madrid (14,102), Catalonia (12,472) and Andalusia (10,75). On the other hand, those with the lowest rate were La Rioja (213), Cantabria (474) and Navarra (528).

SELF-EMPLOYMENT

73% of Spanish freelancers would refuse to work on a project that is not aligned with their values

Much has been said about the rise of the freelance sector and the advantages of being a freelance expert. The flexibility to be able to decide which projects to work on or the ability to adapt the workload to the objectives chosen, both for financial reasons and professional ambitions, among others. However, there is sometimes a factor that is often overlooked and that is presented as one of the most decisive elements to achieve a successful collaboration between both parties: compatibility with the company. So much so that according to Malt's 2024 European Freelancing Report, 73% of Spanish freelancers would refuse to work on a project or with a client that is not aligned with their values.

The study reflects how, although freelancers' main motivations may seem individual, the relationship with their clients is vital for them. What's more, the main motivation for continuing to collaborate with the same client on different projects is to maintain a solid working relationship with them (70%), followed by having a real interest in the projects they work on (54%).

Companies are also more willing to work again with a freelancer they have worked with before and no longer consider it as a one-time option or as a one-off collaboration.

However, there are several determining factors that can discourage freelancers from working with the same client again, such as having unrealistic expectations of the project (55%), not facilitating communication (48%) or delivering an inadequate briefing (47%). These factors can be avoided by carefully preparing the project presentation and remaining accessible to support the freelancer in satisfactorily completing their tasks, from the beginning to the end of the collaboration. Terms to keep in mind, since when working on a project, 39% of full-time freelancers in Spain are motivated by the success and satisfaction of the client.

Demand for self-employed professionals among companies has “skyrocketed” this summer

A new study by freelance platform Malt highlights that demand for freelancers in companies has “skyrocketed” this summer. Compared to July 2023, the number of SMEs looking for freelancers in areas such as Artificial Intelligence or digital marketing has doubled.

During the summer months, many sectors of activity relax their work rhythms or even pause them due to the holidays. However, more and more companies are requesting collaboration with freelance professionals during these months.

Specifically, the number of projects offered to these freelancers last July grew by 15% compared to the same month last year. This growth is seen, above all, in the projects proposed by large companies, which increased by 42% compared to July 2023, with the leading categories being business consulting, data or digital marketing.

Likewise, more and more small and medium-sized companies are looking for freelancers to help them develop a specific area of their business, especially in Artificial Intelligence, the demand for which has doubled among SMEs in the last year.

It should be noted that SMEs increasingly value working with other self-employed workers to develop part of their business due to their ability to adapt, as they adjust their schedules and work methods to make the most of opportunities, even during vacation periods, which they often use to improve their skills or plan long-term strategies.

DIGITAL ADVERTISING

Complaints about misuse of data in email marketing campaigns are increasing

Digital advertising, through so-called email marketing, has become one of the most effective strategies for businesses seeking to increase their sales and build customer loyalty. However, its use is not without risks, especially with regard to compliance with data protection regulations. In its latest report, the Spanish Data Protection Agency (AEPD) has recorded an alarming increase in complaints related to digital advertising.

The public body points out an increase of no less than 1,14% during 2023, infringements sanctioned with nearly 400 fines imposed by this body last year. This figure underlines the legal risks that businesses face when they do not comply with current regulations, exposing themselves to financial penalties and significant reputational damage. Non-compliance with data protection regulations can lead to considerable financial penalties, which can reach up to 30,000 euros. However, the most common penalties are between 2,000 and 5,000 euros.

The truth is that consumers are now increasingly aware of their rights regarding the privacy of their data.

The Organic Law on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD) and the General Data Protection Regulation (RGPD) of the European Union are the most relevant regulatory frameworks in this area. These regulations establish the principles and legal requirements that companies must comply with when processing personal data, including online advertising. Thus, according to the LOPDGDD and the RGPD, companies have the responsibility to protect their clients' personal data and guarantee their privacy in online advertising. Explicit consent from users is required before collecting or using their data for advertising purposes. In addition, appropriate security measures are required to prevent unauthorized access or disclosure of personal information.

How to properly manage data?

A number of measures need to be taken before, during and after sending commercial emails.

• Obtain explicit consent. Make sure you obtain explicit consent from users before collecting and using their personal data for advertising purposes. This can be achieved by providing clear and transparent information about how their data will be used and giving users the option to accept or reject the use of their data for advertising purposes.
• Implement appropriate security measures. Appropriate technical and organisational measures must be implemented to protect users' personal data.
• Keep your privacy policies up to date. You should also regularly review and update your privacy policies to ensure that they accurately reflect how personal data is collected, used and protected in the context of online advertising. These policies should be easily accessible to users.
• Minimize data collection. Experts believe it is appropriate to limit the amount of personal data collected to only that which is necessary for legitimate advertising purposes. Therefore, you should avoid collecting unnecessary or excessive information that is not directly related to your advertising objectives.
• Provide user control options. It is appropriate to offer users clear and easy-to-use options to control the use of their personal data in online advertising. This may include the ability to opt out of receiving personalized advertising or manage their privacy preferences through a control panel.

ONLINE PREVENTION

OCU warns of an increase in internet fraud related to the holiday period

The Organisation of Consumers and Users (OCU) has warned of an increase in internet fraud related to the increased use of mobile phones during the holiday period.

The increase in mobile phone use during holidays leads to more browsing on unusual websites and, consequently, greater exposure to cybercriminals, warns the Organisation of Consumers and Users (OCU). The relaxation typical of holidays does not help either, as does the fact that the mobile screen does not allow you to see the full sender of the emails you receive.

In addition, these are dates when hackers take advantage to develop seasonal phishing (via email) and vishing (via SMS) techniques related to travel, accommodation and leisure. For example:

• The false message from the DGT informing you that a fine is pending payment, which must be made as soon as possible to avoid surcharges. A perfectly possible situation if you are driving through towns and less-known roads on the way to your holiday destination.
• The false message of a spectacular discount on a holiday apartment, a hotel, a flight or a leisure activity for which it is necessary to book in advance. Another probable situation if you have been consulting travel and leisure websites. And especially credible if it comes from Booking or Ticketmaster, since it could also include personal data as a result of a leak of information suffered by these platforms. For this reason, the organisation suggests not opening emails or SMS from an unknown source and if the sender of the message seems known, but when you open it it is an alarmist text, you should be suspicious.

In any of these cases, the cybercriminal will be impersonating companies or public bodies in order to obtain the user's bank details and charge them.

As a preventive measure, OCU offers three basic tips:

• The first, do not open emails or SMS from unknown sources.
• If the sender of the message seems familiar, but when you open it, he or she is alarmist or urges you to click on a link, be suspicious.
• Call the sender company to verify its authenticity using the telephone number that is recorded or appears on the Internet, never the one indicated in the email or SMS.
• If you receive a message or call directly asking for your bank details, know that it is false; no company or bank does this.

The Bank of Spain estimates that losses resulting from electronic payments due to fraudulent practices such as phishing and vishing already amount to almost 500 million euros per year.

And the worst thing is that when the person who ordered the payment, through deception, was the account holder himself and the amount withdrawn was high, financial institutions can refuse to reimburse the stolen money, claiming that the person acted with gross negligence.

OCU reminds us that the European Banking Authority not only defines unauthorised payment transactions as fraudulent, but also those in which the payer was manipulated into accepting a payment order.

Furthermore, the Civil Code itself, in its article 1,265 and following, considers that consent will be void if it is given by mistake.

In short, no payment made under the influence of fraud can be considered authorized. Therefore, the financial institution will be responsible for making the refund.

PRESENT FISCAL

The Supreme Court puts limits on surprise visits by the Treasury to self-employed workers and companies

Requires that an inspection is in progress and that the business owner is aware of it.

The Supreme Court has set a precedent and limits the cases in which the Tax Agency can make a sudden visit to businesses to review their accounts. It can only intervene without prior notice if an inspection is already underway and provided that the self-employed entrepreneur is aware of it with a time margin. The ruling issued by the Supreme Court on July 18 insists and specifies how these inspections should be carried out, with respect to what was included in previous jurisprudence. The ruling clarifies in which cases the Tax Agency inspectors can appear in a business or company in order to review its accounts. The Tax Agency could only review the accounting of the business on site if there is already an investigation by the Tax Agency in progress and if the self-employed person or entrepreneur has been notified, which must be previously known. The inspectors could not carry out the visit at the same time as they notify it, a common practice until now in many of these processes.

This clarification included in its ruling by the High Court settles the controversy generated by the Treasury, which maintained this practice and had recently stated that it would continue to make "surprise visits" in some cases.

The Supreme Court has now ruled that it is not enough to have judicial authorization and states that consent must be "absolutely free of any blemish that could cloud the exact knowledge of what is being done and the free will to do it."

In order for the data, observations and evidence that tax inspectors may collect to be valid, the information must be obtained within the framework of an official investigation and, provided that, the person responsible for the business has prior knowledge of being the focus of "an open inspection procedure."

The Supreme Court has therefore limited the cases in which the Tax Agency can appear at the headquarters of a business and it will no longer be sufficient to claim to have solid evidence and a judicial authorization, as stated in a previous ruling issued in July.

In any case, tax inspectors will only visit businesses to check accounting records or account books. They may also speak to or request assistance in their inspection from those present, but under no circumstances may business owners or employees be questioned, since, according to previous rulings, this would jeopardize their right to defense under Article 24 of the Constitution.

With this latest ruling, the Supreme Court puts a stop to surprise inspections and requires that these reviews be officially opened, that they be notified, that the business owner or self-employed person be aware of it and that the inspection not be carried out at the same time as the notification.

The Treasury has begun to take measures in the second-hand purchase and sale

Some users are required to declare and pay personal income tax on transactions made through buying and selling applications.

The purchase and sale of second-hand items on the Internet is an increasingly popular trend in Spain and Europe in general. Platforms such as Vinted or Wallapop have made a name for themselves in the online shopping market. However, this boom in online sales has not gone unnoticed by the Tax Agency, which is putting the spotlight on this type of transaction. In the coming weeks, those Spaniards who have sold second-hand items on these types of e-commerce platforms during the past year could receive an unexpected notification from the Treasury. These letters, known as "fear letters", usually warn of possible errors in the filing of tax returns and invite them to correct them by means of supplementary declarations. However, in some cases, the warning could turn into a financial penalty.

Until just a year ago, buying and selling between individuals on e-commerce platforms was largely off the radar of the Treasury, but with the entry into force in Spain in January 2024 of Royal Decree 117/2024, which transposes the European Directive DAC7 (Directive 2021/514), the situation has changed. This regulation requires peer-to-peer trading platforms to collect, verify, update and communicate to the Treasury information on certain sellers. Thus, if we put safety clothing on sale

TODAY COMMERCIAL

The importance of regulatory compliance in companies

The most recent case law confirms that in order to attribute criminal liability to legal entities, it is necessary to prove that the importance of having adequate Compliance or regulatory compliance policies that allow companies to be exempted and adequately prevented from criminal liability for crimes committed by their employees, directors or managers. If a company does not have an adequate compliance program, it may be directly responsible for crimes committed by its employees or directors in the exercise of their functions. This fact includes the possibility that the company may face criminal sanctions if it has not implemented supervision, monitoring and control measures that can prevent criminal conduct.

The preparation of a prevention plan involves making a realistic diagnosis of the criminal risks faced by an organization, as well as identifying possible infringing or criminal conduct that requires an immediate response. After this analysis, protocols must be defined that determine guidelines for action and standards of conduct in the event of possible situations within the organization. These protocols must be known by all members of the company. It is equally important to define a disciplinary and sanctioning regime based on the principle of proportionality.

Compliance in organizations is not limited only to the prevention of criminal offenses. There are multiple areas that require strict monitoring to ensure that the company operates in a legal and ethical manner. In this sense, the protection of personal data is one of the most sensitive and critical areas of regulatory compliance in the digital age. Whistleblower Channel

Similarly, establishing an internal reporting channel is essential for early detection of misconduct within the organization. This channel should be accessible, confidential and secure, allowing employees and other members of the organization to report violations without fear of retaliation.

Aid for modernization, digitalization and innovation of SMEs and individual entrepreneurs in Madrid

The application period for modernisation, digitalisation and innovation grants for SMEs and individual entrepreneurs in the Community of Madrid has been open since 26 August. The grants can be processed until 16 September and are basically aimed at the commercial, service and craft sectors of the Community of Madrid.

According to the terms of the call, the grants will consist of subsidies of 50% of the amount invested, excluding taxes, with a maximum of 10,000 euros per applicant. The minimum eligible investment will be 5,000 euros for the commercial and services sector, and 500 euros for the artisan sector.

Eligible expenses are those carried out for expansion, transformation or new opening of commercial and service establishments, and/or craft workshops; the acquisition and installation of equipment, machinery and furniture necessary for the development of commercial, service and craft activities.

Expenses related to the acquisition and installation of computer or technological equipment and software, necessary for the development of commercial, service and craft activities, will also be eligible for subsidies.

It is noteworthy that, according to information provided by the Community of Madrid, investments made between September 16, 2023 and September 15, 2024 will be eligible for subsidies.

SMEs and individual entrepreneurs who carry out their activity in a physical establishment open to the public or a workshop in the Community of Madrid and are registered for the Tax on Economic Activities (IAE) under the headings included in the regulatory bases of the aid may benefit from these grants.

Applications must be submitted exclusively by electronic means, through the Electronic Office of the Community of Madrid.

In addition to these grants, the application period for the 'Único demanda bono pyme' programme opens on 10 September. The amount is 3,000 euros; it is aimed at small and micro-enterprises with less than 50 employees and self-employed people.

This is a complementary aid to the Digital Kit and can be requested through the automated form on the Red.es electronic headquarters, which is accessible from the Acelera PYME platform.

CURRENTLY WORKING

Upcoming regularization of self-employed contributions

In the coming months, probably starting in the fall, Social Security will begin to adjust the contributions of all self-employed workers to see if they paid more or less in 2023 than they should have, based on their profits.

It is estimated that 80% of self-employed workers have not yet reported their earnings and many of them continue to pay the famous minimum fee of the previous system.

Until recently, self-employed workers could freely choose the amount they paid to Social Security, between a minimum and maximum base.

In this context, it is estimated that around 50% of them continue to pay contributions based on the minimum base of the previous system and, like the rest of the group, will have to render accounts to the Treasury in a few months.

This minimum rate, which thousands of self-employed workers still pay, corresponds to a base of 960.6 euros per month. Self-employed workers who are on this base paid around 300 euros per month in 2023.

Depending on their income last year, this payment they made could be adequate and even qualify for a refund, but it could also be below their base.

Although the previous contribution system allowed people to choose a low minimum base of just 960 euros per month, the new contribution system based on actual income entitles self-employed workers to pay even less, with minimum contributions of 230 euros for the lowest income brackets.

Based on the Social Security contribution tables, the limit from which the Treasury will start to refund self-employed workers in this next regularization is 1,300 euros of profit. That is, self-employed workers who currently pay the minimum fee under the previous system will be entitled to a refund if they obtained net income below 1,300 euros.

Between 1,300 and 1,700 euros of net income, in principle, self-employed workers who are in the previous minimum base would not have to pay nor would they have the right to a refund, since their contributions would be within their income bracket. However, from 1,700 euros, Social Security could already demand payment for having contributed less than what they should.

The Ministry of Labour modifies the regulations to speed up the granting of aid to the social economy

The Ministry of Labour and Social Economy has completed the reform of the regulations in force since 2017 for the granting of aid for activities promoting the Social Economy and Corporate Social Responsibility.

According to the Ministry, this update of the regulations "improves its effectiveness and contributes to an optimization of the budget allocated to the call for proposals for 2024, which will be published shortly."

Furthermore, the regulations now in force are in line with the objectives and eligible activities outlined in the Spanish Social Economy Strategy 2023-2027.

The new text has been agreed to achieve a series of objectives such as supporting workers in their adaptation to the flexibility, innovation and creativity requirements of today's economies; promoting decent work; enhancing gender equality, and supporting and promoting the social economy (especially in digitalisation, specialised training and innovation) as a lever for inclusive and sustainable economic growth.

The culture of social responsibility is also promoted in companies, encouraging the incorporation and development of good practices in this area so that companies can improve their social, economic and environmental surroundings.

According to the Ministry, since 2020 the allocation for aid for the Social Economy and Corporate Responsibility has been growing from 4.2 million euros in 2020 to 11.6 in 2023.

NEWS

In September we will resume our radio appearances on Radio Intereconomía

We would like to announce that starting in September we will resume our participation in the program “Negocios de Carne y Hueso” (Flesh and Bone Business) on Radio Intereconomía, hosted by journalist Mariló Sánchez Fuentes.

As you know, this is a leading program that empowers and exalts the figure of the entrepreneur and the businessman, as the main source of wealth for a country.

Thanks to our participation in this radio channel, IL Coworking has a magnificent platform for our founder, Manuel Lamela, to make known the benefits of our space and to highlight the decisive role of coworking spaces in the performance of business and professional activity in our country.

We welcome new artistic talents in our space

At IL Coworking we believe that working in a space with art is more creative and productive. In addition, we think it is appropriate to support and promote contemporary artists in our workspace, so you will have the opportunity to see some painting or photography exhibitions in our rooms and you will also be able to obtain more information about these artists if you contact us.