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Garrigues Sustainable Newsletter – October 2026

Spain - 

In this newsletter we compile the most relevant legal news on ESG matters in Spain and Latin America, published by Garrigues and G-advisory.

Spain: These are the obligations for e-commerce platforms in relation to waste and extended producer responsibility

In response to the growing prevalence of cross-border sales of products through e-commerce platforms, lawmakers have imposed on platform operators the obligation to oversee compliance by sellers with the extended producer responsibility regime and, where they fail to comply, to assume secondary liability.

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The CNMV and the ICAC update their recommendations on sustainability reports in the interim before transposition of the CSRD Directive in Spain

A third joint statement clarifies how companies should confront preparation of the non-financial information statement for 2026 until Spanish legislation is adapted to the latest changes to European sustainability reporting standards.

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The European Union simplifies corporate sustainability rules: the new ESRS reduce the reporting burden

The publication of Delegated Regulation (EU) 2026/1563 in the Official Journal of the European Union culminates the review of the European Sustainability Reporting Standards, aimed at simplifying reporting requirements. Businesses must review their double materiality and data preparation processes in order to adapt to the future sustainability reporting framework.

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Spain launches its new capacity market to strengthen the security of electricity supply

Order TED/966/2026 creates the capacity market for the Spanish peninsular electricity system, a new mechanism aimed at guaranteeing the coverage of demand and strengthening security of supply through competitive auctions in which generation, storage and demand facilities may participate.

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Desalination is gaining weight in Latin America, but with very different regulatory frameworks depending on the country

Advancing water scarcity and growing demand for water from cities and industries are driving new investments in desalination plants in the region. However, while some countries are moving towards specific regulations for this infrastructure, others continue to rely on dispersed regulatory frameworks that force complex authorisation and compliance processes to navigate. We analyse the current situation in Chile, Peru, Mexico and Colombia.

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News in Spain and the European Union

EU publishes voluntary sustainability standard for companies with more than 1,000 employees and caps value chain reporting requirements

Delegated Regulation (EU) 2026/1560 establishes a voluntary sustainability reporting framework for companies not subject to reporting obligations under the CSRD and caps the data that large undertakings may request from certain entities in their value chain as from 2027.

Companies in Spain will have to provide information to their employees on elements including algorithms, equality or procedure for terminating contracts

Royal Decree 723/2026 transposes in Spain the Directive on transparent and predictable working conditions and has considerably expanded the list of essential elements of the contract on which employers must provide written information to their employees. Added elements include the right to training, the existence of algorithmic or automated systems, the applicable equality plan and sexual or sex-based harassment procedure, LGTBI equality measures or the procedure for terminating contracts and notice periods.

EU strengthens farmers' position in the food supply chain through comprehensive CAP reform

Regulation (EU) 2026/1739 introduces structural changes to different rules with the aim of strengthening farmers' bargaining power, increasing contractual transparency and ensuring a fairer distribution of value added in the food supply chain.

New special temporary incapacity situations introduced and changes made to reduction in working hours for care of relatives in Spain

Royal Decree-Law 31/2026 introduces two new special situations of temporary incapacity and amends the rules on reduction in working hours to care for relatives.

We review the new tax measures in housing, savings and investment and energy

Although the measures included in the two royal decree-laws are pending validation by Parliament, in the field of housing, the special tax on REITs, VAT on short-term leases, IBI surcharges and rental incentives or the regime for imputing real estate income in personal income tax are reformed, among others. In addition, measures are introduced to promote family savings. Finally, measures in the energy field are extended, given the persistence of inflationary tensions in energy products.

New labor provisions on hiring workers with disabilities or dependency in Spain

In the domain of labor law, Law 4/2026 amends the rules on reduced working hours, extends the obligation to accommodate the workplace to include family caregivers, requires a clear record certificate for jobs involving regular contact with individuals with disabilities or dependent individuals and amends the legal provisions on special employment centers.

These are the main changes in the European Union's customs reform

The new Customs Code creates an EU Customs Data Hub, which will gradually replace customs declarations with the provision of information, an EU Customs Authority (EUCA) and a new “Trust and Check” trader status. New rules for e-commerce are established and the declarant is replaced by the importer or the exporter. We take a look at the main changes and provide a list of recommendations to help operators adapt to the new rules.

New exposure limits to carcinogen agents and asbestos set in Spain

Two royal decrees have toughened, starting on October 24, 2026, the exposure limit values for lead, diisocyanates and asbestos, which will make it obligatory for affected companies to review their prevention measures.

Spanish Government extends ban on layoffs until December 2026 and requires the repayment of support if companies do not have mobility plans

Until December 31, 2026, companies receiving direct support payments under Royal Decree-Law 25/2026* cannot lay off employees for reasons related to the crisis in the Middle East, and any companies required to have a mobility plan must repay their support payments if they fail to have a plan in place within the stipulated time limit.

Cognitive accessibility in employment: changes that companies must implement before January 2027

The regulations that will come into force on January 2, 2027 develop the basic conditions of cognitive accessibility by establishing specific minimum obligations. In this post, we explain those related to access to employment.

New genomic techniques (NGT): the new European framework for plant innovation

A new regulatory framework has commenced for new genomic techniques and is set to transform plant innovation in Europe. Beyond the opportunities to develop more competitive and sustainable varieties, the sector must prepare for significant implications regarding intellectual property, licensing, and market access.

Agentic AI: opportunities, risks and how to respond

The emergence of AI agents is creating new opportunities for efficiency and automation, but it is also raising unprecedented challenges in the areas of liability, competition, data protection and governance. As AI systems become increasingly autonomous and capable of taking actions on their own, organizations will need to strike a balance between innovation and oversight in order to unlock their full potential without losing sight of the risks.

Can anyone know who the shareholders of a corporation are?

The Court of Justice of the European Union analyses how far the disclosure of corporate information can go and sets relevant criteria on access to minority shareholder data.

The Royal Decree-Law by which the Government of Spain established a regulatory framework for activities of influence before the state public sector has not been validated by Congress

Royal Decree-Law 21/2026, of 25 August, introduced obligations of transparency, integrity and registration for interest groups related to the General State Administration and its institutional public sector.

Spain: Companies must adapt their recruitment, training, and work processes for certain employees with intellectual disabilities

The Regulations on basic cognitive accessibility conditions, which take effect on January 2, 2027, require companies, in the employment context, to ensure that job postings are accessible, to facilitate accommodations during interviews as well as in documents and work meetings, and to provide reasonable accommodations and support where employees demonstrate a degree of disability of 33% or higher and an intellectual disability.

Madrid City Council approves the special plan to regulate the conditions for changing use to subsidised housing in the municipality

The new special plan sets the conditions for implementing public housing (VPO) in the city of Madrid on private tertiary and endowment land, increasing the buildability and density of protected housing and enabling temporary accommodation on industrial plots.

Deregulation in the Polish energy sector: simplifying regulations and tailoring them to the needs of businesses and energy consumers

The new provisions of the Polish Act on Deregulation in the Energy Sector introduce changes concerning electricity billing, communications with consumers, the installation of metering and billing systems, and the activities of energy-sector and district-heating undertakings.

The “Women on Boards” Directive: new obligations for listed companies in Poland from 18 August 2026

The Act implementing the Women on Boards Directive will enter into force on 18 August 2026. The new provisions will apply to companies with their registered office in Poland, at least one of whose shares is admitted to trading on a regulated market in the European Union, excluding SMEs. They will introduce a gender-balance requirement based on a 33% target, new rules for selecting members of company bodies and reporting obligations.

News in Latin America

Legal regime of scarcity in Latin America's electricity systems

Increasing pressure on the region's electricity systems is transforming the rules of the market. We analyse how Chile, Colombia, Mexico and Peru regulate energy scarcity, what new tools they have incorporated to guarantee supply and what implications these mechanisms have for companies, investors and large consumers.

Internal investigation procedures: key tools for occupational risk management in Latin America

The proper investigation of complaints and possible labour violations allows employers to make informed decisions, support eventual disciplinary measures and reduce exposure to subsequent complaints and labour contingencies. Its relevance is increasingly in the labour field, although the applicable rules and guarantees differ significantly between each jurisdiction throughout Latin America.

Latin America Energy Market Newsletter - September 2026

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.

Chile

Chile promotes a structural reform of the capital market that expands sources of financing, modernises corporate governance and strengthens financial competitiveness

The Executive submitted to the National Congress a bill to reform Chilean financial and corporate regulation, with measures aimed at developing the capital market, positioning Chile as a regional financial centre and modernising the regulation applicable to banks, funds, issuers, intermediaries, payment systems and institutional investors. It constitutes the largest reform of the capital market in the last 15 years.

Chile: Government promotes bill to modernise its capital market, attract investment and strengthen access to home ownership

The bill incorporates relevant tax and regulatory modifications aimed at modernising the Chilean capital market, reducing barriers for investors and issuers, encouraging local and foreign investment and promoting new savings mechanisms for access to homeownership.

Chile strengthens data protection with certification framework for infringement prevention models

The new regulation establishes a voluntary certification and supervision system that incorporates standards of governance, risk management and internal control in the processing of personal data. Organizations that adopt these programs will be able to strengthen their compliance mechanisms, obtain official certification and access mitigating circumstances in the event of possible sanctions.

Chile: How the new Comprehensive Law for the Elderly impacts the consumer protection regime

The new regulation incorporates three rules that operate by reference to the Law on the Protection of Consumer Rights: a new hypothesis of arbitrary discrimination due to deficiencies in treatment and preferential attention; an aggravating circumstance in the determination of fines when the damage falls on an elderly person, and new burdens for the organisers of shows.

Chile establishes new reporting obligations on gender equality for companies

Law No. 21,828 introduces transparency requirements for certain companies, which must report annually on indicators and measures related to women's participation and inclusion in the labour market.

México

Mexico: The Ministry of Energy closes the regulatory loop with new official forms for the entire biofuels value chain

The Ministry of Energy (Secretaría de Energía, SENER) completes the regulatory framework for biofuels with the publication of official forms for permits, authorizations, logs and related procedures. As of 1 September 2026, the entire value chain will be required to comply with new traceability, control and compliance requirements.

Mexico: New anti-money laundering rules require obligated parties to implement a comprehensive risk-based compliance framework by 2027

Mexico has crystallised its anti-money laundering regulatory reform by imposing new compliance obligations on obligated parties. The rules set out how the risk-based approach is to be applied and establish deadlines for adapting processes, controls, audits and technology systems.

Mexico charts its roadmap to develop the lithium value chain through 2030

The program aims to boost national capabilities in exploration, processing, energy storage and battery manufacturing, although its execution will largely depend on the approval of new regulatory developments and the availability of public resources.

Colombia

Corporate governance in Colombia: from the norm to practice

Colombia is not starting from scratch in terms of corporate governance. The country has rules and principles that, broadly speaking, provide a solid basis for investor protection and the operation of companies. The discussion, however, should not focus on a general reform, but on concrete adjustments that accompany the transformation of businesses, better incorporate technology and respond to risks that a few years ago did not have the same relevance.

Colombia: Bogota introduces new incentives and tax burdens that reconfigure real estate and urban planning

Bogotá has approved District Agreement 1084 of 2026, which introduces various measures aimed at encouraging investment, boosting urban renewal and promoting sustainability in the city. The regulation incorporates both tax incentives and new tax burdens with a direct impact on the real estate and urban planning sector.

Perú

Peru approves regulation on coordination of operation of off-grid systems with unlinked generators

The regulation seeks to ensure that the real-time operation of isolated systems with unlinked generators is carried out at the minimum cost, preserving security of supply and optimising the use of energy resources.

Peru presents project to regulate fractional environmental certification for linear electricity projects

It seeks to establish a special regime to obtain environmental certifications by sections, stages or sectors of work, maintaining the environmental classification of the project in its entirety and progressively integrating the approved obligations, in order to promote the timely certification of the fractions that have sufficient information.

Peru: SUNAT questions the covert transfer of shares between related parties through premium capitalisation in its new Catalog of High Tax Risk Schemes

Peru has just updated its Catalog of High Fiscal Risk Schemes, a key guide to anticipate SUNAT's criteria in audits. We analyse the fourth new case: the capitalisation of premiums as a mechanism to avoid a direct transfer and its tax effects.

Peru proposes new rules for renewables to provide frequency regulation services

The project seeks to adapt the PR-20 and PR-21 procedures to the new mandatory nature of primary frequency regulation for all generation plants with a power greater than 10 MW, including non-conventional generation plants that use non-conventional renewable energy resources, such as wind and solar photovoltaic.

Peru: These are the main modifications to the Regulations of the Telework Law

Supreme Decree No. 009-2026-TR updates the Regulations of the Telework Law and incorporates new obligations and clarifications in matters such as risk management, changes of workplace, rest periods and carrying out particular activities during the day.

Garrigues Sostenible

Fundación Prodis recognizes Garrigues’ commitment to workforce integration for people with disabilities

The firm has been honored for its work in the first edition of the Leaders of Change Awards.

Garrigues, 9th in the Actualidad Económica ranking of the best companies to work for

The firm was noted for “giving young people the opportunity to develop in a challenging, learning-oriented and international environment”.

Garrigues receives a special mention from AMETIC for its work in the field of quantum technologies

This recognition emphasizes the firm’s contribution to the legal, regulatory and governance analysis of quantum technologies and its collaboration with AMETIC in developing a practical international reference framework.

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Javier Fernández Rivaya - Garrigues

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José María Cobos Gómez - Garrigues

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