SMS Compliance in Spain

Key Rules for SMS in Spain

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.

Across the EU and the UK, the ePrivacy rules (implemented through national laws, and PECR in the UK) generally require prior consent before sending marketing texts to individuals, with a limited 'soft opt-in' for existing customers buying similar products. GDPR or UK GDPR then governs how the contact data itself is handled.

Practical Checklist

• Collect and record consent (or confirm an existing customer relationship) before sending, with the date and source.
• Use a registered sender ID or number that recipients can recognise as your business.
• Identify your business in every message and keep promotional and service messages separate.
• Give a simple way to opt out of marketing and process opt-outs quickly across all your systems.
• Send in the recipient's local daytime hours and keep frequency reasonable.

Contact data

Format numbers in international E.164 format with the +34 country code, remove duplicates and invalid numbers, and keep consent records linked to each number.

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.

Advertising Alongside Messaging

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.

This guide is general information, not legal advice, and reflects our understanding as of October 2026. Rules change, so we check current requirements for Spain before every launch.