Private Investigators
Commercial

Commercial


Our experience in Commercial settings means we know first hand the most common menaces, which helps us identify the type of behaviour that affect your business. ASDA Private Investigators offers the possibility to be prepared come any eventuality you might find; that way you never put your investments at risk.

Investigation Services for Commercial Areas


  • Unfair competition
  • Know-How
  • Protecting company secrets
  • Wrongful use of industrial propierty
  • Financial investigations
  • Urban rentals
  • Search and location of debtors
  • Verification of concealment of property and fraudulent bankrupcy
  • Industrial counterespionage and information leaks

Areas of action for Commerce


Unfair competition: It's written in law 3/1991, date January 10, about Unfair Competition and later modified by legislation 29/2009. Such law was created to adopt the legislation according to Directive 2005/29/CE where unfair competition conduct is regulated. On article 2 of this law, the requirements needed to consider an act as unfair competition are written as such: it needs to have external importance and its end must be to be spread through the market.

Know-How: Consist of knowledge obtained either through information, experience or learning gained from a company. The Know-how can't be patented, as it is not considered an invention and it shouldn't be confused with industrial secret. But it is still important that the company, even if it can communicate it to third parites, can have protectionsin place to prevent possible competition in the market.

Protecting company secrets: We understand as such the bundle of information and knowledge a company has that are not accessible by the general public. It is imperative that the company secrets give and edge over the competition. On the STS, date May 4, 2005 (RJ 2005/1775), it's detailed how a Private Investigator, posing as an interested party on the acquisition of a company, proves the illicit activity contrary to the patent of the acting part, which was carried out on the facilities.

Wrongful use of industrial propierty: Industrial propierty can be divided in four groups: Industrial Designs, Trademarks and commercial names, patents and utility models and semiconductor topographies. Industrial design is regulated by Law 20/2003, date July 7, about Legal Protection of Industrial Design. Such design protects the external appearance of products. Trademarks and commercial names are regulated by Law 17/2001, date December 7, which protects the graphic combinations that distinguish different products and services from other brands on the market. Concerning patents and utility models, we find it in Law 24/2015, date July 24, about protecting the invention of products and proceedings susceptible of reproduction and reiteration with industrial ends. Lastly, semiconductor topographies are regulated in Law 11/1998, date May 3, about the legal protection of topographies of semiconducting products and it protects the tracing of different of the different layers and elements of an integrated circuit.

Financial investigations: The Private Investigator can be fundamental when compiling proof about the different solutions that may arise during a financial investigation: Fraudulent bankruptcy, suspension of payment, location of goods and debtors, solvency reports, Background Checks, be it of natural people or legal entities, concealment of property, Mystery Shopping, investigation of societies and their administrations, faked insolvency, etc.

Urban rentals: Can be divided depending on the law they abide, which depends in turn to the year the contract was put in place.

Prior to 1994: Decree num. 4104/1964, date Dicember 24, 1964, in which the Merged Text of the Urban Rental Law is aproved: Such contracts ammount to around 50% of these contracts in Barcelona. This type of contracts are caracterized by their indefinite duration and the fact they can be subrogated up to three times on occasion. This means the owner is receiving a much lower income than what is currently common in the real-estate market. Due to this circumstances, the tenant may take advantage of this situation, and that's when the Private Investigator comes in. There may be cases of subleting, where the tenant rents the propierty to a third party, neting them benefits. On the other hand, there can be a partial surrender, like the renting on one room. Finally, one of the more common cases, the surrender of the propierty to a family member without asking for any payment, since the tenant has a separate housing and lives there a suficient period of time to prove that it's not circumstancial but their usual residence.

After 1994: Law 29/1994 is incorporated, modified by Law 4/2013, date June 4, with adjusting measures and the encouragement of the residence rental market: With the modification of the Urban Rental Law, termination of rental contracts is not as complicated as it used to be. The minimal duration of such contract is reduced to 3 years, almost like the reduction of the implicit extension from 3 to 1 year. In order to terminate the contract, the express exposition of the cause is no longer necessary, a 2 month notice of termination is enough. Another novelty is that after six months since the contract was made, it can be canceled, with a 30 day notice prior to said cancellation. This law makes it so problemts for the tenants are greatly reduced, but in occasion it can prove insufficient. Cases of subleting without express permision, such as rental of rooms to tourists, or the temporal rental of rooms can still happen.

Another problem that a Private Investigator can help with compiling enough proof for is the breach of clauses on these contracts, like the ownership of pets, the use of the residence differing with the one agreed on, and so forth. As such, at ASDA Private Investigators we provide you with all necessary evidence so you may be able to terminate the rental contract without any responsibility towards the tenant.
+34 931 249 493

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