Nextica for Technology: Legal Advice at the Pace of Your Digital Business
Nextica Law & Tax supports startups and scaling tech companies in their corporate, tax and data/AI compliance architecture.
Technology and software companies have specific legal needs that evolve as quickly as the sector. Licensing and SaaS contracts, protection of source code and algorithms, GDPR compliance for products that handle user data, corporate structure for attracting investment, taxation of intellectual property (patent box), and stock option plans for the team (ESOP). At Nextica Law & Tax, we have the industry experience you need.
Services that affect you most
Corporate Law
Data Protection (GDPR)
In an increasingly digital world, data privacy is not just a legal obligation, but an opportunity to differentiate yourself from…
Ver servicioIndustrial and Intellectual Property
At Nextica Law, our EUIPO-certified lawyers are experts in the protection of intellectual and industrial property rights. We…
Ver servicioPartners Agreements
At Nextica Law & Tax, we understand that both entrepreneurs and freelancers face unique challenges in the business world. Our…
Ver servicioCases we have worked on
- tecnologia
Pacto de socios que desbloqueó la entrada de un inversor
En detalle
GDPR and privacy in digital products
Companies that process user data as part of their product or service are subject to the most demanding obligations of the GDPR. If your product collects health data, data of minors, or geolocation data, the regulation imposes enhanced security measures and may require a DPO. We conduct the data protection impact assessment (DPIA) required by Art. 35 GDPR for high-risk processing.
Intellectual property of software
The software is protected by copyright (not by patent) in Spain. The ownership of the code developed by employees belongs to the company if it has been developed in the course of their employment functions (art. 97.4 LPI). For the code developed by freelancers or external companies, the ownership must be expressly agreed upon in the development contract: without a written agreement, the client only has a license to use.
Patent box (art. 23 LIS)
It allows a 60% reduction of the taxable base generated by the transfer of intangible assets developed by the company: patents, utility models, protected software, designs, and secret formulas or procedures. To apply it, the intangibles must have been created by the company at least by 25%. It is one of the most relevant deductions for tech and SaaS companies that have income from licenses or SaaS.
ESOP — Stock options for the team
Employee Stock Ownership Plans (ESOP) allow for attracting and retaining key talent by offering the possibility to participate in the growth of the company's value. In Spain, the first €12,000 per year in income derived from stock options of startups is exempt from income tax if the requirements of the Startups Law (Law 28/2022) are met. Above this amount, they are taxed as employment income at the time of exercise.
Frequently asked questions
Is it necessary to register the software as intellectual property?
No: software is automatically protected by copyright from the moment of its creation, without the need for registration. However, registration with the Intellectual Property Registry provides a legal presumption of ownership and facilitates evidence in case of litigation. For software patents (when software has a technical effect), registration with the OEPM or the OEP is indeed essential to have exclusivity.
What contracts does a SaaS company need to operate in Spain?
A minimum contractual stack for a SaaS company includes: Terms and Conditions of service (license agreement and SLA), Privacy Policy (in accordance with GDPR), Data Processing Agreement (DPA) for clients who are responsible for processing, NDA for relationships with third parties accessing confidential information, and development contracts with freelancers or agencies that establish ownership of the code.
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