Hildebrand, Mariano & Rathje

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Privacy policy

1. data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the operator's contact details in the "Information on the controller" section of this privacy policy.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time if you have further questions on the subject of data protection.

Analysis tools and tools from third-party providers

When you visit this website, your surfing behaviour may be statistically evaluated. This is mainly done with so-called analysis programmes.

Detailed information on these analysis programmes can be found in the following privacy policy.

2. hosting

DomainFactory

We host our website with DomainFactory. The provider is DomainFactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning (hereinafter referred to as DomainFactory). When you visit our website, DomainFactory collects various log files including your IP addresses.

Details can be found in DomainFactory's privacy policy: https://www.df.eu/de/datenschutz/.

The use of DomainFactory is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in displaying our website as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. for device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

3 General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Note on the responsible body

The controller responsible for data processing on this website is

Hildebrand, Mariano & Rathje S.C.P.

C. García de Vinuesa, 12, 

Casco Antiguo, 41001 Seville

e-mail: office@hmr-abogados.com

Telephone: (+34) 954 500 130

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the deletion will take place after these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed in accordance with Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), the data processing is also carried out on the basis of Section 25 (1) of the GDPR. Consent can be revoked at any time. If your data is required to fulfil a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that a level of data protection comparable to that in the EU cannot be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as the data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) may process, analyse and permanently store your data on US servers for surveillance purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data. You can contact us at any time if you have further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we generally need time to check this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you need it for the exercise, defence or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure.
  • If you have lodged an objection in accordance with Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

Objection to advertising e-mails

We hereby object to the use of contact data published as part of our obligation to provide a legal notice for the purpose of sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

4. analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyse the behaviour of website visitors. The website operator receives various usage data, such as page views, length of visit, operating systems used and origin of the user. This data is summarised in a user ID and assigned to the respective end device of the website visitor.

We can also use Google Analytics to record your mouse and scroll movements and clicks, among other things. Google Analytics also uses various modelling approaches to supplement the recorded data records and uses machine learning technologies for data analysis.

Google Analytics uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.

The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG. Consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

Browser plugin

You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

You can find more information on how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

5. plugins and tools

Google Maps

This site uses the map service Google Maps. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. If Google Maps is activated, Google may use Google Web Fonts for the purpose of standardising the display of fonts. When you call up Google Maps, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

The use of Google Maps is in the interest of an appealing presentation of our online offers and to make it easy to find the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

You can find more information on the handling of user data in Google's privacy policy: https://policies.google.com/privacy?hl=de.

Ms Lina Rathje came to Seville in 2011 after completing her bachelor's degree in law and her elective specialisation in private international law and comparative law at the University of Hamburg.

She joined Hildebrand & Mariano Abogados (now Hildebrand, Mariano & Rathje Abogados SCP) in 2013 after completing her Master's degree in Spanish and International Private Law at the University of Seville. After completing the Master's Degree for Lawyers at the University of Seville, she has been a member of the Seville Bar Association since 2021.

She is a member of the German-Spanish Lawyers' Association.

Languages: German, Spanish and English.
rathje@hmr-abogados.com

Mr Mariano Romero is a member of the Seville Bar Association and has been working as a lawyer since 2000. He has a master's degree in corporate law, worked for several years in a law firm in Seville and then as a consultant in a national construction company.

Since 2004 he has been a partner in the law firm Hildebrand & Mariano Abogados, now Hildebrand, Mariano & Rathje Abogados SCP.

Languages: Spanish and English
mariano@hmr-abogados.com

Has been providing legal advice in Spain since 1997. Initially as an associate in an international law firm in Marbella. In 1998 he was recognised as a Spanish lawyer by the Spanish Ministry of Justice. Then in 1999 he co-founded the law firm Hildebrand & Mariano Abogados, now Hildebrand, Mariano & Rathje Abogados SCP.

Mr Hildebrand is a member of the Seville Bar Association. He is also a member of the German-Spanish Lawyers' Association and the International Commission of the Seville Bar Association.

From 2014 to 2017, Mr Hildebrand was a lecturer at the Universidad Pablo de Olavide, Seville, as part of the double degree programme with the University of Bayreuth on German-Spanish law.

Mr Hildebrand was a member of the Düsseldorf Bar Association for over 20 years.

Languages: German, Spanish and English.

If a foreign company wishes to employ staff in Spain without setting up a permanent establishment, the company must still be registered with the Spanish social security system and prepare monthly Spanish payslips and pay quarterly withholding tax. The obligation to pay social security in Spain applies if the employee is resident in Spain and carries out more than 25% of their work in Spain.

Our law firm offers companies in German comprehensive support with tax registration in Spain, registration with the Spanish social security system, drafting employment contracts and payroll accounting, as well as long-term legal and tax support. Our services in the course of the registration of the German company in Spain include, among other things, the preparation of a notarised power of attorney, support in applying for the Spanish tax number, the application for the "certificado digital" and the registration of the company and the employee with the Spanish social security system.

We also handle the preparation of monthly payslips, the payment of social security contributions, the quarterly submission of tax returns to the Spanish tax office for the employee's payroll tax deduction and the submission of sick notes to the Spanish social security authorities. We also manage the electronic delivery box for official correspondence and represent the company before the Spanish authorities.

We offer our clients support in the execution of dunning procedures and the enforcement of foreign titles in Spain. For outstanding monetary claims against a debtor, Spanish law provides for a shortened action procedure, similar to the German dunning procedure. If the debtor does not lodge an objection within 20 days of service of the claim, the creditor receives an enforceable title.

If there is already a final judgement or a European enforcement order, but the debtor is resident in Spain or has significant assets in Spain, we are happy to assist with enforcement in Spain.

Exequatur can be defined as a set of rules according to which the legal system of a state proves that a judicial decision issued by a court of another state fulfils the requirements that allow its recognition and approval. When we speak of exequatur as a judicial procedure, it is this procedure that aims to recognise the validity of a judgment of a foreign court and therefore to authorise its enforcement in a state other than the one that issued it.

We take over the defence of your civil and administrative law interests before the Spanish courts. The complex risks and difficulties associated with conducting proceedings abroad and in a foreign language require a high level of professional expertise. Our legally trained lawyers are well versed in both legal systems, German and Spanish law. This enables us not only to represent your interests optimally before the Spanish courts, but also to offer you comprehensive advice that takes into account the differences and similarities between the two legal systems.

We offer support in the implementation of the AFO procedure. To solve the problem of non-regulation of illegal constructions, especially in the coastal regions and the surrounding countryside, the "Andalusian Building Regulations Act" has been amended several times in recent years to enable the legalisation or recognition of existing properties in outdoor areas and thus a reintegration into the building regulations. A procedure called RAFO, "Reconocimiento de Asimilación al Fuera de Ordenación", i.e. "Recognition of the adjustment of the situation outside the building regulations", was created for illegally constructed buildings outside the building regulations, which were therefore not eligible for legalisation.

Since 2016, the AFO procedure now also covers properties that were not built individually in the outdoor area, but as a collection of houses on undivided plots of land. This means that, under special circumstances, not only illegal construction but also division is now recognised and it is now possible to have parts of plots recognised under the AFO procedure and separated from the original plot and subsequently entered in the land register.

The AFO procedure is a complex process and requires thorough preparation and careful implementation. Our law firm has extensive experience in this area and supports our clients at every step of the procedure. We prepare all the necessary documents and coordinate with the relevant authorities. Firstly, we check whether the property is eligible for the AFO procedure and which steps are required to achieve recognition.

It is very important to deal with the issue of estate planning at an early stage in order to avoid possible difficulties in the later settlement of the estate. We will be happy to help you draw up a last will and testament and have it notarised to ensure that your estate is legally secure. We will also inform you about the possibilities offered by European legislation to ensure the cross-border validity of your declarations.

The European Succession Regulation, which came into force in August 2015, offers EU citizens living in Spain the opportunity to choose the applicable inheritance law. You can decide whether German or Spanish inheritance law should apply. We can help you understand the differences between German and Spanish inheritance law and make the best choice for you.

It is also possible to draw up a Spanish will to facilitate the subsequent settlement of the estate, especially if you own property or have a bank account in Spain. We are also available to assist you in depositing your last will and testament in the central register of wills to ensure that it is stored securely.

Our law firm handles the settlement of inheritances with an international dimension, especially those of EU citizens who have left assets in Spain.

After examining the applicable law, we work with our clients to develop a procedure that leads quickly and cost-effectively to the complete settlement of the inheritance, taking into account the minimisation of inheritance tax.

Various documents are required for the settlement of the inheritance, such as death certificates, certificates of inheritance and European certificates of inheritance, which must be notarised and legalised (e.g. with a Hague Apostille). We first compile a list of the required documents for our clients and support them in obtaining them, including coordination with the competent probate court in Germany.

As a rule, an acceptance of inheritance and the submission of an inheritance tax return in Spain are required, the preparation and submission of which are part of our services. With a corresponding notarised power of attorney, we can also represent our clients in the acceptance of inheritance.

Our fees are based on the value of the inheritance and are in line with the general fee recommendations of the local bar association.

We offer personalised advice on the incorporation of commercial companies in any legal form, including the Spanish limited liability company (Sociedad de Responsabilidad Limitada - S.L. for short). In recent years, we have assisted in the formation of over 100 Spanish companies. The S.L. is comparable to the German GmbH and offers an interesting opportunity for starting business activities in Spain due to the low minimum share capital of € 3,000.

In recent years, a number of laws have been passed in Spain to make the formation of new companies quick and cost-efficient. It usually takes around 14 days to set up a company from the notary to registration in the commercial register. We are happy to take care of the entire incorporation process for you.

There are many pitfalls when buying property in Spain. Without professional support, land registry problems can only become apparent after the purchase contract has been signed. For this reason, it is extremely important to obtain comprehensive advice before you buy.

We offer comprehensive advice, which includes checking the land registry situation, reviewing or drawing up purchase contracts, communicating and coordinating with the contractual partner and the notary's office involved, accompanying you to the appointment to sign the contract and paying the applicable taxes and fees. We accompany the purchase or sale of the property through to the signing of the deed of sale and its entry in the land register to ensure that everything runs smoothly.