Official statement of venue change

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Please be informed that our Firm, Veritas Legal Abogados SL, intends to move to new offices, on April First 2016, at the following address:

Carrer Mallorca, 272, 3ª
08037 Barcelona
Barcelona

Our new headquarter is located in the same area located just at 15 minutes’ walk of our current offices. These new offices are connected outstandingly well.

We would like to inform you that our telephone and fax numbers will remain the same as the current ones.

Tel. +34 93 200 01 49             Fax +34 93 200 01 53

Please update our company data to avoid any inconvenience, due to the fact our old location will be inoperative. Finally, we wish to convey our commitment to our customers in order to offer the best attention and personalized advising of your affairs, always looking for excellence as the only way to understand work.Contact us to visit our new offices and set a meeting!

What happens to the digital life after you die?

 

 

Have you ever ever wondered what happens to all this online content we generate once we have died? If this is your case, you definetly want to continue reading this article that explains in detail what all of these information companies does.

Facebook after death Source: DANIEL GLEZ  http://www.20minutos.es/ When someone dies, all your photos and Facebook posts, files Dropbox, Google accounts, Outlook emails … don’t go away, but in many cases are inaccessible. Aware of this, big companies of Internet have begun to pay attention to the death of its members, seeing business in a new field and ahead of possible legal problems, they already have started adding to its services specific options to  related deaths. In 2013, Google was ahead of the competition and created a specific digital testament to their services. Which it is a tool that allows users to decide what to do with their digital data once their accounts are to be inactive, either because of death, disability or for any other reason. At this point, there are two options, delete the contents or name a beneficiary in a will. The manager called dormant accounts eliminates all content after less than a year of account inactivity, depending on what the user has chosen period. The other option is to choose a trusted contact for this receive all account data. The Inactive Account Manager eliminates all content after less than a year of account inactivity, depending on the period that the user has chosen. The other option is to choose a trusted contact for receive all account data. Facebook has also been forced, despite numerous requests, to provide a similar service. The user can choose to keep your account active or completely eliminated. If you choose to keep it, you can designate a heir. The way is through the “Contact Legacy” in the security settings. If the deceased has left no record of their wishes after death, it corresponds to a familiar person to give a proof of death and choose to delete the account or convert it to a memorial one, where your friends and family can still see the profile and posting messages of remembrance. On Instagram, the process is much the same. Microsoft offers a service called “close relatives process Outlook.com” which gives the option to delete the account of a deceased person or to access in his account. Twitter does not offer many possibilities. No one can take account of the person who has died, but you can download a copy of public tweets before finally close it. Other services like LinkedIn, Yahoo and Flickr allow you to close the account of the deceased before sending a death certificate and other important information about the user. For Apple and other digital content services is a controversial situation. The apple company and similar consider the user acquires a right to use digital content by paying, but no ownership over them. That way, no one can the inherit.

If you have found this post interesting, you may take a look to this one https://ialmenara.com/delitos-comunes-en-facebook/

 

Most common crimes on Facebook

 

 

  facebook-crimes-300x161 Source: lawandtrends.com At the end of 2015, Facebook had 1.55 billion monthly active users. Nowadays you can follow any update with all kinds of devices. Whether for posts, photos, or videos from friends and family, or brands of interest. Still, any tool, however useful it may be used for criminal purposes because of three basic concepts:

  1. Anonymity and easyness to create fake user profiles
  2. Great difficulty to knowing the location of the offender
  3. There is no uniform criminal code globally.

It is known that as new technologies appear new loopholes and new forms of crime through them. We will see a summary of the most common of them:

Crimes against Honor

Obviously both slander and libel occupy a prominent role. Slander is attributable to a third party a crime with contempt for truth, and goes through utter insulting expressions injuring the dignity of another person, his reputation or self-esteem. Giving a contact or a third party titles like “thief”, “swindler”, “rapist” or “murderer”, involves allegations of such gravity that can lead to prison sentences of six months to two years. Similarly expressions like “bastard” are commonly held to be insulting, punishable by up to fourteen months in prison if made with advertising, as would be the case through Facebook, and can have a major impact in family or work area of ​​injured. Despite the imposition of penalties and fines it is concluded that slandering and insulting in Spain is relatively “cheap” given that it is virtually impossible to quantify defamatory spreading the message and the feeling of rejection generated in other citizens on the complainant.

Threats

Suppose to warning a third party causing damage. Penalties depends on the type of threat and to whom it is addressed. Messages sent through Facebook which content is similar to “kill you” or “look like an accident,” can have serious consequences for its author. However, for the victim isn’t enough to simply report what has happened, it must demostrate that indeed the person who is the owner of suspicious profile through which received the threat or event otherwise be acquitted.

Phishing and discovery and disclosure of secrets

Some of the most popular crimes and whose risks are virtually unknown to the authors. Impersonate another person on Facebook is punished with imprisonment ranging from six months to three years. To commit it, is not simply to use the name of another person, but it must be done in order to use rights and actions of the impersonated. We emphasize that our judges are still unfamiliar in many cases, the operation of Facebook and other social networks so the assistance of an attorney experienced in this area is crucial when it comes to successfully complete the criminal proceedings. The crime is defined as an activity aimed to enter the profile of a person using your access codes against their will, taking the material it has published or shared with other users. Tolerance or permissiveness in the use of passwords by third party completely alter the fact that the crime is committed.

Scams

The scam, that is, the possession of money or assets of a person through deception, lies, and adulteration of reality, has continued to spread through the Internet since birth, and therefore is also present on Facebook. It usually develops by using fake profiles that attract the attention of the user to whom or claiming financial assistance to avoid a situation of need continues to be artificial, or inform you of winning an alleged prize or contest who has never participated. This crime is a major challenge since by people living in distant countries whose legislation obsolete and hinders any investigation might have occurred.

 

How to act after being the victim of an online scam

 

 

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The ciberscams increases at Christmas with the increase of online shopping. Stealing bank details or false job offers are other common crimes on the Internet.

Thanks to online shopping, Christmas shopping no longer involves careerss and hours of long lines to get the best items of the sales. Internet can comfortably bring gifts home in just a few days, which has made this type of stores multiply. A boon for consumers, but the scammers have already been added offering, for example, top brand products as if they were original and with a very similar price that does not raise suspicions. Counterfeits occupy the first position of fraud against the citizens according to the ranking prepared by the National Cyber ​​Security Institute. “Many affected believe that they have been cheated by online there is nothing to do but it is not. The procedure is the same as if the problem had occurred off the Net,” says Rafael García del Poyo, a partner at Osborne Clarke and specialist in digital businesses. Fraud in the virtual world are varied and may incur from the collection of personal data to deflect this information to third parties or, more commonly, the economic damage scammed, you basically have two options to recover their money, lodging a complaint or a grievance.

The 10 most common scams

  • Scams counterfeit products 1. Sometimes they sold as original goods that are not very similar to that of large firms price.
  • Fake lenders 2. Credit requirements fast without calling a number to begin the process.
  • False job offers 3. Endless calls to premium numbers or payable for a material for small tasks are some of the most common scams.
  • Gift Vouchers fraudulent 4. Some websites ask for personal data to download checks clothing stores or supermarkets are only looking to sell that information.
  • ‘Phishing’ 5. To grab passwords or transfers, some scammers send emails posing as a bank.
  • Muleros 6 . People who act as intermediaries to exchange for a fee, forward the money to a third party fraud.
  • Vacation scams 7. Holiday apartments, following a prepayment disappear.
  • Sale of used items 8. Either a second hand does not mean that you should not match the description of the ad.
  • Internet brides 9 . Bribes or money upfront are the result of some web to meet women.
  • Inheritances and lottery 10. False or alleged prize unclaimed inheritances coupons circulating on the Internet.

Source: expansion.com

 

Justice has offered the “LexNet” system to autonomous communities

lexnet_logo From 1 January, communications between professionals (lawyers, attorneys and social graduates) and the courts, in new cases should be electronic, as established by the Code of Civil Procedure. The Ministry of Justice has initiated steps to make that change possible. To facilitate the transition to the new “paperless” has been made available to the regions that so desire their own technological tools. The ministry has offered free of charge to all regions with competences in Justice and do not have their own system of communication, “ Lexnet ” that works for years. It has also adapted the apps wich the Prosecution has been using , which have also been provided to the CCAA, and have been supplied 6,400 screens and 250 scanners for all Justice officials in the territory of ministry to work with dual screens from January 1 .

Electronic communications

The Civil Procedure Act includes the requirement that communications between professionals (lawyers, attorneys and social graduates) and the courts are wire for cases that start from next January 1 . It does not means, therefore, the disappearance of paper in courts, but that the documents provided to any process must be digitally treated to streamline communications between professionals. The measure does not affect the electronic case file. According to close sources to the ministry, the date of January 1 of 2016, will not mean the end of the modernization process in terms of communications. Means, in any case, a first starting point for digitalization of Justice.

The Council of Ministers, on the proposal of Justice Minister Rafael Catala, has approved a Royal Decree on electronic communications in the administration of justice in the territory of the Ministry of Justice and whereby the Lexnet system, effective January 1 of 2016, shall be used for the submission of written copies, removals and performing acts of communication, courts, tribunals and prosecutors, and as professionals working with the Justice.
The Royal Decree will e applyed to the territorial scope of the Ministry of Justice (Castilla y Leon, Castilla-La Mancha, Murcia, the Balearic Islands, Extremadura, Ceuta and Melilla) and in all jurisdictional orders. The Autonomous Communities with competencies in Justice transferred shall take the necessary measures to ensure from next January 1 implementation of the provisions introduced in recent reforms of the Civil Procedure Law and the Organic Law of Judicial Power in this material.

Source:

http://www.lamoncloa.gob.es/

http://www.elconfidencialdigital.com/

If you found it interesting, do not hesitate to visit our last article about data protection. https://ialmenara.com/en/4-millions-british-data-are-being-threatened-due-to-the-hackers/

Chamber of Commerce dinner

Cena embajador

On Tuesday 17th of November o 2015 , Antonio Almenara one of our managing partners, attended the dinner of the Chamber of Commerce with different personalities , including the Minister Andreu Mas- Colell

ESIC ASTER Awards

 

 

ESIC ASTER Catalonia Awards 2015

ESIC modd
 17th of November, took place the delivery of Aster Awards, awarded by the ESIC Business School in Barcelona. Celebrating 33 years since its creation, and giving for the eighth time in Barcelona.

Among the distinguished jurors, was our managing partner, Mr. Antonio Almenara.

ESIC mod

 

4 millions british data are being threatened due to the hackers

The authors of cyber-attack blackmail now TalkTalk

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The British telecommunications provider TalkTalk, which offers telephony and broadband in the UK, has admitted that Wednesday suffered a “significant and sustained attack” to its servers and is investigating whether the hackers were able to access bank customer data . The company, which has suffered two similar ciber-attacks this year, acknowledged yesterday that the alleged perpetrators of computer attack that has compromised the personal data of four million customers, have contacted the company to demand payment for not use the information illegally.
“We can confirm we have been contacted by someone claiming to be responsible (of the attack) and wants us to give him money,” said a company spokesman. The executive director of the company, Dido Harding said that the alleged perpetrators have targeted making it blackmail.
The Scotland Yard exdetective Adrian Culley told the BBC Radio 4 that the attack could be the work of a “group of Islamic cyber-terrorism”, since a group linked to yihadism claimed in internet and published information that apparently could have stolen TalkTalk servers.
Harding said the company “has taken until now the worst-case scenario”, but can not confirm yet what data has been stolen, while apologized to its customers. When questioned whether the company had encrypted personal data kept on its servers, the executive director responded that “the terrible truth is that I do not know.”
The cybercrime unit dedicated to British police have opened an investigation into the incident, while the Office of the Information Commissioner in the UK, responsible for data protection, said TalkTalk ought to have in place before notice of the facts, which they were communicated to early Friday afternoon.
Meanwhile, British business leaders have demanded the government “urgent measures” to eradicate cyber attacks. The Institute of Directors said that although the media only advertise “grave breaches” hacker attacks “occur constantly.”
The guild also said that such invasions computer is one of the biggest threats that businesses face today. Meanwhile, the British Government is committed to eradicate these crimes.

Source: La Vanguardia

A Twitter account in ‘house arrest’ for 30 days

Forcing a person to issue a judgment in a Twitter account is no longer a novelty in Spain, but that this task should be repeated for 30 days straight yes it is.

twitter keyboard

The courts have spent several years taking cancern about defamations that are published in social networks, some use platforms repeatedly to express their opinions and thereby unlawfully interfering in the right to honour other users. Indeed, this emphasis on offensive tweets is what led the Court of First Instance number 22 of Sevilla to publish this ruling, pioneer in our country, based on the repetition of the expressions and humiliating and insulting comments represented “a clear sign of the intention to attack the honour of others. ”

The decision of the Andalusian capital court has recently been ratified by the Provincial Court of Seville. Now, it is up to the Supreme Court, as the offender has submitted an appeal.

If the High Court keeps the line of argument put forward by previous instances, this form of action could set a precedent when threats are made or disqualifications repeatedly. So, Twitter would be not only a way to exercise the right of rectification, but a platform to try to repair the damage caused by constant provocative tweets.

At specific hours

The sentence, which also includes compensation of 4,000 euros, goes further details when those messages should be published. Thus, it prevents the condemned do it on a schedule in which their followers are not connected to Twitter and, therefore, the verdict go unnoticed and thereby limits its scope of conviction.

The Provincial Court of Seville and confirms that the defendant will have to use your own personal account to publish the transcript of the court decision “using a tool created for this purpose to increase the number of characters allowed, publishing for 30 days in the mornings (from 9 to 14 hours) or afternoon (from 17 to 22 hours) “.

It also obliges to remove 57 tweets the affected included as evidence in his lawsuit filed in October 2013.

By: Expansión.com

A judge gives validity to a resignation of the employer using WhatsApp

 

The world of electronic communications has been installed in the labor sector. These systems favor the speed and efficiency at work, but also generate conflicts, as in the case of layoffs or voluntary redundancies carried out by these services.

whatsapp

In a recent judgment of the Superior Court of Justice (TSJ) of Madrid, the judge decided to give validity to a resignation of the employer by WhatsApp. But what requirements must be met to make it so? “The electronic messaging conversations are close to verbal communication. In addition, as already shown, these systems are manipulated and can alter the content of the messages, so it is essential to have a set of evidence-other messages, witnesses, and so on, to give more strength, “says Raúl Rojas, labor partner of Ecija. Accordingly, the Madrid Supreme Court judgment specifies that “the resignation may be express or tacit way, not being necessary to fit a formal statement, it suffices that the course followed by the same manifest their so indisputable option for breaking or extinction of the employment relationship, although the employee will of clear, specific, conscious, firm and strict worker, revealing its purpose “is required. If it should manifest tacit conclusive facts, namely do not leave any room for reasonable doubt about its intent and scope. As noted by Rojas in the trial course it was clearly documented intention of the employee, as it not only the message of resignation was provided, but also presented the response from the company to this communication and witness statements.

Source: Experiencia Jurídica