Lawyers Antifraud Law.
Digital and tax law .
Advice, communications, documentation and legal actions...
Software and clients-suppliers.
Lawyers Law Antifraud software. Lawyers specialized in the scope, application and interpretation of the Anti-fraud law article 201 bis law 11-2021.
Lawyers specialized in Digital and Tax Law.
Law 11/2021. Software Antifraud Law.
If you are a manufacturer or marketer of ERP-type systems and programs or from the Digital and Tax Law departments, we can help study the particularities of each case and analyze the possible adaptations and/or communications to clients to inform of the new legal framework and, where appropriate, of the discontinuity of products that may not comply with it.
Specifically:
- Legal advice regarding the scope and interpretation of legal obligations.
- Legal opinion on the program’s compliance with the regulations currently in force based on a third-party technical analysis.
- Legal assistance in the preparation of communications to clients in order to prove diligence and report compliance with the law by certain products or developments or, failing that, the discontinuity of infringing products.
- Analysis of the impact that the new regulation may have on current maintenance, support and training services and on product updating for the purpose of preventing direct responsibilities towards users and/or as cooperators in accordance with tax regulations.
- Defense against customer claims and/or sanctioning procedures.
- Recommendations to mitigate risks on software while technical specifications are not being developed.
Shall we talk and tell us?
You can contact our lawyers, specialized in software anti-fraud law, through the “I want my audit” form, contact or by email: legal@leyantifraude.com . We will be happy to listen to you without any commitment.
Preamble
On July 9, Law 11/2021 on measures to prevent and fight tax fraud was approved, transposing Directive (EU) 2016/1164, of the Council, of July 12, 2016, which establishes regulations against tax avoidance practices that directly affect the functioning of the internal market, modification of various tax regulations and in matters of gambling regulation (hereinafter, “Law 11/2021”).
One of the regulations approved by Law 11/2021 that has caused the most uproar is the prohibition established in it in relation to computer or electronic systems that support accounting or business management processes.
In particular, the development, commercialization and possession of computer programs and systems that allow the manipulation of accounting and management data is prohibited; forcing the integrity, conservation, accessibility, legibility, traceability and inalterability of the records.
Likewise, the possibility is foreseen that said Development Regulation may require the certification of the systems and that they use standard formats to ensure the legibility of the records and data…
This obligation came into force on October 11, 2021, despite the fact that – as the AEAT itself has clarified in note published in its electronic headquarters on the same date – it will be necessary to wait for the regulatory development to know in detail the requirements that the computer programs and systems must meet as well as, where appropriate, the way to certify or accredit that said requirements are met .
A sanctioning regime is also added that differentiates between the manufacture and marketing of this type of system and the use made of them by companies and users. In relation to manufacturing and distribution, the production and marketing of computer systems and programs is sanctioned when:
- allow parallel accounting;
- allow not to reflect, totally or partially, the annotation of transactions carried out;
- allow recording transactions other than the entries made;
- allow altering transactions already registered in breach of applicable regulations;
- do not comply with the technical specifications that guarantee the integrity, conservation, accessibility, legibility, traceability and inalterability of the records, as well as their legibility by the competent bodies of the Tax Administration, in the terms provided in the Law;
- The manufactured, produced or marketed systems are not certified, being obliged to do so by regulatory provision.
Warranty And experience.
Signature and certifications
International validity
- CISA Auditor by ISACA
- Auditor ANECA in the EURO-INF program
- ISO27001 by SGS
- Computer and telecommunications engineer
- MBA, PDD, Cybersecurity and Cybercrime (Deloitte)
We collaborate with Justice and AEAT.
- AEAT Certified Digitization Auditors
- Digital advisor at www.red.es
- Member Association of Experts Collaborating with the Justice of the Communities of Madrid and Valencia.
- Certified judicial computer auditor expert
Luis Vilanova
CEO
Offices in Madrid and Valencia
- Leaders in the Spanish market.
- Budget without commitment.
- We audit, advise and accompany until the final certification.
- Phases and methodology, audit and final report.
- We accompany you throughout the entire process until your software complies.
- Private area with documents of interest, regulations, for your company and clients.
are you interested
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