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Prior public consultation on the transposition of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC

This regulation transposes Directive (EU) 2020/1828, which aims to ensure the existence of at least one process for the defense of consumers' interests in their civil procedural systems through qualified entities that represent consumers and that can bring actions for injunctions and damages, when there is an infringement by an entrepreneur of the provisions of Union law.

The Directive does not impose full harmonization, as it allows States to go further in the measures to be adopted. Moreover, the Directive should not replace existing national procedural mechanisms to protect the collective or individual interests of consumers.

It also requires the recognition of legal standing in all national systems of qualified entities for the purposes of cross-border actions regardless of the State of designation.

The following aspects of the Directive can also be highlighted:

The existence of agile mechanisms in relation to injunctions and, if necessary, precautionary measures, there will be an expedited process.
As a general rule, the represented consumer will not be charged for the costs of the proceedings.
The requirement to show evidence to the employer.
The possibility of providing as evidence, in compensation action proceedings, the final resolutions declaring the employer's infringement.
Suspension or interruption of the statute of limitations with the filing of an action for injunctive relief or reparation.

The prior public consultation will be open until September 25, 2021.

We offer regulatory advisory services in a business environment in which it is essential to have as much information as possible to support decision making. From the Regulation & Public Policy Group we are able to help manage business regulatory risk through our regulatory monitoring and regulatory intelligence services.

On October 1, 2021, the regulations establishing penalties for non-compliance with Law 10/2021, of July 9, 2021, on telecommuting came into force.

The penalties for infringing this rule can range from 70 to 225,000 euros and are associated with breaches of the content of the Telework Agreement that must be included in the annex to the employment contract signed by the company and the employee, which regulates the way in which the telecommuting modality will be carried out.

Law 10/2021, of July 9, 21, on telecommuting, sets forth the minimum contents that must be included in such agreement, as well as the means to be used and the expenses generated by telecommuting and the telecommuting schedule and calendar.

If the necessary means for teleworking were not provided, depending on the seriousness of the offense, the penalty may be minor, serious or very serious:

Minor with fines from 70 to 150 euros in its minimum degree; in its medium degree, from 151 to 370 euros; and in its maximum degree, from 371 to 750 euros.
Serious offences with a minimum fine of 751 to 1,500 euros, a medium fine of 1,501 to 3,750 euros, and a maximum fine of 3,751 to 7,500 euros.
The very serious ones with a fine in its minimum degree of 7,501 to 30,000 euros; in its medium degree of 30,001 to 120,005 euros; and in its maximum degree of 120,006 euros to 225,018 euros.

In order to avoid these sanctions, Article 7 of Law 10/2021, of July 9, on telecommuting, lists the mandatory points that the Telework Agreement must have and that must be respected during the employment relationship. These are:

a. Inventory of the means, equipment and tools required for the development of the concerted remote work, including consumables and movable elements, as well as the useful life or maximum period for their renewal.

b) A list of the expenses that the employee may incur due to the fact of rendering remote services, as well as the form of quantification of the compensation that the company is obliged to pay and the time and manner of payment, which shall correspond, if any, to the provision set forth in the applicable collective bargaining agreement or agreement.

c) Work schedule of the employee and within it, if applicable, availability rules.

d) Percentage and distribution between face-to-face work and distance work, if applicable.

e) Work center of the company to which the telecommuting worker is assigned and where, if applicable, he/she will carry out the part of the working day in person.

f) Place of telecommuting chosen by the employee for the development of telecommuting.

g) Duration of notice periods for the exercise of reversibility situations, if applicable.

h) Means of corporate control of the activity.

i) Procedure to be followed in the event of technical difficulties that prevent the normal development of the remote work.

j) Instructions issued by the company, with the participation of the workers' legal representatives, on data protection matters, specifically applicable to telecommuting.

k) Instructions issued by the company, after informing the legal representatives of the workers, on information security, specifically applicable to remote work.

l) Duration of the telecommuting agreement.