“Key legal aspects of a technology-based start-up” – Xartec Salut Formation

We will review the generally acceptable practice in the distribution of the share capital, as well as the governing bodies of the start-up. The main documents that must be in place in any start-up and the main clauses that need to be present in such documents.

We will also discuss the main terms and conditions that we will usually find in an investments agreement and the main aspects to manage and limit the responsibility of the founders. We will also visit the modalities of investments and the main instruments available for such investments. We will review a numeric example to calculate the percentage of the share capital that a pre-money valuation may represent.

We will also review the main types of investment plans for key employees, directors and collaborators as well as their main features.

We will analyze the main items involved in the transfer of technology from the institutions to the start-up and the international standards in such technology transfer. We will also review the structure of the license agreements, and the main terms and conditions of such agreements. We will discuss the main stages in the exploitation of the technology and the legal documents available in each of such stages.

In preparation for an eventual sale of an start-up, we will review a number of liquidation preference clauses that the investors usually require to be present in their investment and shareholders agreements.

We will also review the main aspects of the protection of personal data which is regulated by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 Open in new window, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulations) and the provisions of the Organic Law 3/2018, of 5 December, on Personal Data Protection and digital rights guarantee. We will analyze the main notions of data controller and registry of processing activities, the purpose and data categories, the legitimation or legal basis of the personal data processing, preservation of data, the transmission of data, international transfer of data, the legal rights of the interested parties, and the role of the data protection officer (DPO)​​.