Messaging Compliance in Spain

Overview

In Spain, commercial SMS and other electronic marketing require prior express consent under the LSSI (Law 34/2002) and the GDPR, with a limited exception for similar products offered to existing customers. Every message must identify the sender and offer a free, simple way to opt out, and the AEPD enforces these rules.

The AEPD enforces the GDPR and Spain's Organic Law 3/2018 (LOPDGDD), including consent before non-essential cookies, with rejecting made as easy as accepting.

Spanish is the main search language, with Catalan, Galician and Basque important in their regions; Google is dominant and content should read as native Spanish from Spain.

In Europe, WhatsApp marketing is treated like other electronic marketing: you need a lawful basis, usually consent, and you must be transparent about how contact data is used under GDPR or UK GDPR.

European countries regulate marketing calls through national laws and do-not-call or objection registers, and automated (recorded) marketing calls generally require prior consent.

Advertising Rules

Advertising must follow the General Advertising Law, consumer law and the Autocontrol codes; Royal Decree 444/2024 requires high-reach content creators to identify advertising clearly.

Digital Habits and Channels in Spain

Spain is one of Europe's most WhatsApp-centric markets: almost every smartphone user has it, and customers often expect to book, ask questions and receive updates there. SMS is used for appointment reminders, deliveries and bank codes, and alphanumeric sender IDs are supported.

Bizum, an instant bank-to-bank payment app, is used by tens of millions of Spaniards, and cards and contactless payments dominate in shops. Spanish daily rhythms run later than in northern Europe, with lunch around 2 pm and dinner after 9 pm, so message timing should follow local habits. Key retail periods are the January and July sales (rebajas), Black Friday, the summer holiday in August and Christmas, which continues until Three Kings' Day on 6 January.

Spain's economy is driven by tourism, which brings over 90 million international visitors a year, along with car manufacturing, agriculture (olive oil, fruit and vegetables), renewable energy and services. The standard VAT (IVA) rate is 21%, while the Canary Islands use their own IGIC tax instead. Since 2023 the General Telecommunications Law has banned unsolicited commercial calls without prior consent or another legal basis, and the Lista Robinson lets consumers opt out of advertising. Bizum, the bank-run mobile payment service, is used by most adults, and Spain has some of the most extensive fibre-to-the-home coverage in Europe.

Practical Details

Country code +34; time zone Europe/Madrid; currency euro (EUR). Usual working week: Monday to Friday.

Cities we cover in Spain

• Madrid
• Barcelona
• Valencia
• Seville
• Zaragoza
• Málaga
• Bilbao
• Alicante
• Palma
• Las Palmas de Gran Canaria
• Murcia
• Valladolid
• Vigo
• Granada
• Córdoba
• San Sebastián

General information, not legal advice, as of October 2026.