Garrigues Sustainable Newsletter - July 2025
In this newsletter we compile the most relevant legal news on ESG matters in Spain, published by Garrigues and G-advisory.
ESG: the balance between profitability and sustainability in companies’ day-to-day operations
Integrating ESG criteria is no longer a secondary concern but rather a fundamental element of business strategy. How do profitability and sustainability go together? How can greenwashing be avoided? And what role do investors, boards of directors and legislation play in this transformation?
The permanent incapacity ceases to be grounds for automatic termination of the employment contract from May 1, 2025
In Spain, Law 2/2025 comes into force on May 1, 2025, which eliminates the automatic termination of the employment contract due to permanent incapacity and makes it conditional on the employee’s will and the possibility of adaptation of the position or relocation by the company. It also introduces the suspension of the benefit for permanent incapacity when the employee performs a job that is incompatible with it and establishes that the conflicts that arise regarding termination in these cases will be heard in an urgent judicial proceeding.
The carbon border adjustment mechanism: what it is and how it can affect importers of goods
In Spain, this mechanism, already in force since 1 October 2023, provides for a more flexible transitional regime until 31 December 2025.
Other legal news
The text, approved by the Council of Ministers, seeks to strengthen consumer rights and promote responsible consumption with a wide range of measures.
The new regulation strengthens the role of the national register as a tool for reducing emissions, requires large companies and public bodies to calculate their carbon footprint and publish reduction plans, and promotes CO₂ absorption projects with environmental and social benefits. The clarifications published by the Spanish Ministry address issues such as the obligated parties, the scope of the obligation, its entry into force, and publicity requirements.
Royal Decree-law 7/2025, of June 24, 2025 approved following the “blackout” on April 28, includes major new legislation directly affecting Spain’s electricity system, in particular the development of renewable energy plants and storage facilities. *This Royal Decree-Law has not been validated by the Spanish Congress.
In April 2025, new rules on access to the retirement pension introduced by Royal Decree-Law 11/2024, of 23 December, to improve the compatibility of the retirement pension with work, came into force. Among other issues, the requirements for access to active retirement are modified, expanding the possibilities for employees who wish to extend their working life while receiving a pension.
The tax on stays in tourist establishments in Catalonia is modified
With the aim of tackling the housing emergency and moving towards a more sustainable tourism model, Decree-Law 6/2025 was published in the Official State Gazette on 24 May 2025, amending the Tax on stays in tourist establishments in Catalonia. This new regulation, already in force, updates rates, municipal surcharges and criteria for the distribution of the revenue collected.
The Balearic Islands Parliament approves a new law that seeks to contain, monitor and improve the quality of tourist offerings. To this end, it has established new measures aimed at more effectively prosecuting illegal offerings. In addition, the law establishes three categories under which saturated and reconversion tourism areas can be classified, and approves special rules for the modernization of tourist establishments in tourist reconversion areas.
The information return will have to contain general information on the group and information on the relevant jurisdiction; and member states will have to exchange information within three months from when it is filed.
Trends
Key Points of the Law on the Prevention of Food Loss and Waste in Hospitality and Catering in Spain
On April 2, 2025, Law 1/2025 of April 1 on the Prevention of Food Loss and Waste was published in the BOE (Official State Gazette), aimed at preventing and minimizing food loss and waste. This law includes This law includes in its scope of application companies in the hospitality sector, amongst others.
LGTBI measures in the workplace: refresher on companies’ obligations
In the week in which International LGTBI Pride Day is celebrated (June 28), we refresh the obligations of companies in relation to equality and non-discrimination of LGTBI people.
Video surveillance at work: legal keys to proper use
Article 20.3 of the Workers’ Statute allows the employer to adopt the measures it deems most appropriate to verify compliance with the employees’ labor obligations and duties. One such measure can be video surveillance. In this post we provide a practical guide on its use.
The grant of housing for employees has become a key factor in attracting talent within the hotel sector. For this reason, it is crucial that its regulation is approached from an employment law perspective, linking it directly to the employment contract, to avoid disputes and ensure a harmonious and mutually beneficial employment relationship.
Latin America
In Latin America, guaranteeing the sufficiency of the electricity system requires new solutions. Batteries emerge as a key support for reliability and the integration of renewables, while regulation advances to recognise their contribution in capacity markets. In this context, we analyse how these regulatory challenges are addressed in Chile, Colombia, Mexico, and Peru.
Personal Data Protection Reforms in Latin America and Their Effects on Labor Relations
The protection of personal data has become especially relevant in the workplace, driven by digital transformation, the growing use of personnel monitoring and management technologies, as well as the need to respect privacy in increasingly diverse work contexts. In recent months, countries such as Peru, Chile, and Mexico have been undergoing significant reforms that could require major changes in information management.
Latin America Energy Market Newsletter - July 2025
We offer the main legal and market developments for the energy sector in Chile, Colombia, Mexico and Peru. Dedicated Energy teams in these countries address topics of interest to sponsors, developers, funders and other stakeholders in the sector, such as draft laws, summaries of new regulations, relevant case law and market trends.
Newsletter on the energy market in Chile, Colombia, Mexico and Peru - May 2025
We offer the main legal and market developments for the energy sector in Chile, Colombia, Mexico and Peru. Dedicated Energy teams in these countries address topics of interest to sponsors, developers, funders and other stakeholders in the sector, such as draft laws, summaries of new regulations, relevant case law and market trends.
Colombia
The law introduced changes in fixed-term contracts and for work or work, regulates the labour disciplinary process, expands paid leave, changes the nature of the apprenticeship contract and reinforces the protection of women, people with disabilities and victims of violence. It also regulates work on digital platforms, promotes labour inclusion and makes modalities such as teleworking more flexible.
The new regulation profoundly modifies the obligations of contracting parties with regard to social security contributions from natural persons. Among the main changes are the transfer of responsibilities to the contractor, the increase in contributions to the Pension Solidarity Fund and the need to identify if workers and contractors belong to the transitional regime.
The document from the Superintendence of Industry and Commerce of Colombia (SIC) establishes clear guidelines on the collection, use and authorisation of data in the fintech ecosystem, with special emphasis on the protection of sensitive data and the use of automated technologies.
Mexico
After years of legislative discussion, Mexico has significantly reformed the regime for the prevention of money laundering and financing of criminal organisations. The reform implies an increase in the administrative burden for natural and legal persons.
Evolution and challenges of labelling on food and beverages in Mexico for import and marketing
The NOM-51 on food and beverage labelling in Mexico has been updated several times since 2010, with the last modification in 2020 being the most relevant, introducing key changes such as warning seals, new legends and restrictions on packaging design. This reform has had a strong impact on the food industry, especially in pre-packaged products, and is crucial for national and international marketing in a context of increasing globalisation.
The National Commission for Regulatory Improvement (CONAMER) published a preliminary draft agreement through which the National Energy Commission (CNE) establishes the requirements to obtain the generation permit in the form of interconnected self-consumption in power plants with a capacity between 0.7 and 20 MW.
The new Biofuels Law in Mexico, approved on March 18, 2025, establishes a specific regulatory framework to promote the production, use and commercialisation of biofuels. Its focus is on taking advantage of organic waste and biomass from marginal soils, promoting a circular economy and the energy transition, assigning responsibilities to authorities such as SENER, SEMARNAT and SADER.
Infonavit presented a new rent-to-own program to regularise abandoned homes, which has generated a wide legal and financial debate. The measure seeks to offer legal certainty to families in vulnerable situations, but has been questioned for its possible legitimising effect on irregular occupations.
Ecological taxes in Mexico: obligations, risks and strategies for companies
Ecological taxes are state levies that seek to mitigate the environmental impact of various industrial activities, such as the extraction of materials, emission of pollutants, and waste management. Given its regulatory complexity and variations between states, companies must implement diagnoses, compliance plans and legal defence to avoid economic, operational and reputational sanctions.
The impact of new technologies on real estate operations in Mexico
Digital transformation is revolutionising the real estate sector in Mexico. Technologies such as artificial intelligence, virtual reality and blockchain are redefining the purchase, sale and management of properties, improving efficiency, although they also pose legal and security challenges.
The National Energy Commission (CNE) finally resumed, as of June 6, 2025, the deadlines and deadlines for the processing of matters under its jurisdiction. It will also temporarily apply the previous regulations of the Energy Regulatory Commission (CRE) and requires regularisation of reports and certificates issued during the suspended period.
Mexico is committed to a new model of energy planning with a social and climate focus
With the publication of the Energy Planning and Transition Law (LPTE), Mexico redefines its energy policy by establishing a binding legal framework that prioritises the use of clean energy, social inclusion and the modernisation of the sector. This law not only replaces its predecessor, but expands its scope by integrating mandatory planning instruments, incorporating energy justice criteria and consolidating a new approach to Clean Energy Certificates (CELs).
Mexico Plans to Tighten Advertising Guidelines for Prepackaged Food and Beverages
The Federal Commission for the Protection against Sanitary Risks has proposed new guidelines that regulate the advertising of food and non-alcoholic beverages with warning seals. These provisions include restrictions on advertising schedules, platforms and formats, as well as additional requirements to obtain permits, which has raised questions about their interpretation and application.
Mexico's Public Works Law is reformed, including the creation of a new public procurement platform
Mexico has updated its legal framework on public works with a reform that seeks greater transparency, efficiency and digitalisation in contracting processes. Among the changes, the creation of a new platform that replaces CompraNet and new rules that directly impact contractors and authorities stand out.
Chile
The Official Gazette published Law No. 21,751 that sets the minimum monthly income at $529,000 with retroactive effect from May 2025. The new law also readjusts the amount of family and maternal allowance, and implements a single family allowance.
The declaration of textiles as the seventh priority product under the REP Law seeks to reduce the environmental impact of the textile industry and promote the circular economy through new collection and recycling obligations for the sector.
The Karin Law obliges employers in Chile to inform their workers every six months about the prevention of harassment and workplace violence. They must include information on reporting channels and access to occupational health benefits.
The Supreme Court of Chile has established that those denounced for harassment have the right to access all the background information of the investigation, beyond the report of conclusions. This access must guarantee the anonymization of personal data of those involved.
News on medical licenses in Chile: modifications, requirements and whistleblowing channel
On May 24, a new law came into force in Chile that introduces important changes in terms of the granting of medical licenses. The law reinforces oversight, toughens penalties and enables new mechanisms such as anonymous reporting.
Peru
Peru: Companies with more than 100 workers will no longer be required to hire a social worker
Supreme Decree No. 005-2025-TR, published on June 14, 2025, repealed Supreme Decree No. 009-65-TR, which imposed on private sector companies with more than 100 workers the obligation to have a social worker on their payroll. In addition, the fine against such non-compliance is eliminated.
The Ministry of the Environment published the draft resolution that modifies the List of projects subject to the SEIA, focusing on the communications sector. Among the changes are new unified criteria for urban and rural areas, as well as adjustments in the environmental assessment thresholds.
Peru has approved a new law that authorises workers to withdraw 100% of their labour benefits (CTS) if they suffer from cancer or terminal illness in order to cover the needs of the economic crisis. In addition, exceptionally, until December 31, 2026, they will be able to freely dispose of these funds without the need to prove illness.
The law that promotes the massification of natural gas at the national level in Peru is published
The new law seeks to promote decentralised access to natural gas as a measure to close the country's energy gaps. Specifically, it pursues the implementation of compensation mechanisms and the construction of infrastructure that ensures the continuous and regular supply of fuels.
Garrigues Sustainable
Garrigues publishes its 2024 Sustainability Report
The report details the firm’s policies, progress, challenges and objectives regarding environmental, social and governance matters, as well as innovation.
Fernando Vives also continues to be among the 100 top-rated business leaders.
Garrigues is among the top ten most innovative law firms, according to the FT and RSGI
By the number of times it has appeared in the FT’s Innovative Lawyers ranking.
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