EUROPAM

European Public Accountability Mechanisms

Spain

Country score (EU Average*)
  • 57(72) Political Financing
  • 41(57) Financial Disclosure
  • 44(49) Conflict of Interest
  • 70(59) Freedom of Information
  • 72(63) Public Procurement
  • 78(66) Anti Money Laundering
  • 73(71) Asset Recovery

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)33306.37
Population, total46443959.00
Urban population (% of total)79.80
Internet users (per 100 people)80.56
Life expectancy at birth (years)83.38
Mean years of schooling (years)9.8
Global Competitiveness Index4.7
Sources: World Bank, UNDP, WEF.

Political Financing

The Organic Law on Political Parties (2002) and the Organic Law on Funding of Political Parties (2007, amended 2015) are the main laws regulating the financing of political parties in Spain.

There are some limits on the private income of political parties. There are no bans on donations from foreign entities or trade unions. There are bans on donations from corporations and anonymous donors. There are limits on donations received both during and outside of election periods.

Public funding is available for parties and is allocated on the basis of representation in the elected body and the share of seats in the previous election. The funding is made available unconditionally and thus can be used for campaign spending and party activities. There is additional funding available for security expenses. Subsidizes media access is available and allocated on the basis of the share of seats and the share of votes in the preceding election. Other indirect forms of public funding include premises for campaign materials, space for campaign materials, tax relief and subsidized postage costs.

For regulation on spending, there is a ban on vote buying but no band on state resources being used in favour or against a political party or candidate. There are limits on what a party can spend.

Parties are required to keep accounts which must be made public and must reveal the identity of donors. Accounts are overseen by the Court of Auditors. There are sanctions for breaches of the provisions of the law in the form of fines.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Bans and limits on private income696969698939
Public funding756262627562
Regulations on spending1007575757550
Reporting, oversight and sanctions10010010010010075

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Is there a ban on donations from foreign interests to political parties? Yes. Art.7 (1). Political parties may receive donations for unspecified purposes from foreign persons, in accordance with the limits, requirements and conditions established in this Law with regard to private contributions, and provided that the requirements established in the legislation in force on the control of foreign exchange and movement of capital are met. Art. 7 (2). Political parties may not accept any funding from foreign governments and agencies, entities or foreign public companies or from companies directly or indirectly related to them. Political parties can accept donations from foreign natural persons, within the limits provided by the law for private donations. However, they are not allowed to receive donations from foreign governments, foreign entities or public companies, or companies which are directly linked to the parties. ( Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 7. Artículo 7. Aportaciones de personas extranjeras)
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework
Is there a ban on corporate donations to political parties? Yes. Art. 5 (1) Political parties may not accept or receive directly or indirectly: […] c) donations from legal persons and entities without legal personality. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 5 (1) c))
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? No. According to article 7 (2), "Political parties may not accept any funding from foreign governments and agencies, entities or foreign public companies or from companies directly or indirectly related to them." No mention of national corporations with government contracts. According to article 4(2)(b), "Political parties may not accept or receive donations from physical persons that, conducting their economic and professional activities, are part of an ongoing contract provided in the legislation of the public sector contracts." No mention of corporations or legal persons. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 7 (2) and 4(2)(b))
Is there a ban on donations from corporations of partial government ownership to political parties? No. According to article 7 (2), "Political parties may not accept any funding from foreign governments and agencies, entities or foreign public companies or from companies directly or indirectly related to them." No mention of national corporations with government contracts. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 7 (2))
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework
Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework
Is there a ban on anonymous donations to political parties? Yes. Political parties may not accept or receive, directly or indirectly: 1. Anonymous donations. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 5)
Is there a ban on anonymous donations to candidates? No. Absent from legal framework
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. There is a ban on resources given or received by state or corporations with governmental ownership to candidates or political parties, exceeding the amount of regulated public funding established by law Art. 128 "It is prohibited any contribution to the election fund accounts from any Administration or public corporation, parastatal or autonomous body of public sector companies whose ownership belongs to the State, the autonomous regions, provinces or municipalities and companies of mixed economy, as well as companies through current contract, provide services or supplies or works made for any of the government. " (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 128)
Is there a ban on any other form of donation? Yes. Political parties may not accept, directly or indirectly, third parties effectively assuming the cost of their acquisitions of goods, works or services or any other expense incurred in their activity. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 4(3))
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Art. 5(1). Political parties may not accept or receive, directly or indirectly: a) […]; b) donations form the same person exceeding 50,000 euros per year; c) […]. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 5)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Art 129 "10,000 euros" (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 129)
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties Yes. See sub-indicators
Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Two. These subsidies are to be distributed according to the number of seats and votes obtained by each political party in the most recent elections to the Congress of Deputies. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. One. The state shall grant political parties with representation in the Congress of Deputies unconditioned annual subsidies to meet their operating expenses, which shall be charged to the national budgets. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(1))
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. Two. These subsidies are to be distributed according to the number of seats and votes obtained by each political party in the most recent elections to the Congress of Deputies. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework
Allocation calculations for direct public funding to political parties Yes. See sub-indicators
Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. To assign the above-mentioned subsidies, the respective budget allocation shall be divided into three equal amounts. One is to be distributed in proportion to the number of seats obtained by each political party in the most recent elections to the Congress of Deputies, and the other two are to be divided in proportion to all the votes obtained by each party in said elections. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. To assign the above-mentioned subsidies, the respective budget allocation shall be divided into three equal amounts. One is to be distributed in proportion to the number of seats obtained by each political party in the most recent elections to the Congress of Deputies, and the other two are to be divided in proportion to all the votes obtained by each party in said elections. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework
Earmarking provisions for direct public funding to political parties Yes. See sub-indicators
Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. One. The state shall grant political parties with representation in the Congress of Deputies unconditioned annual subsidies to meet their operating expenses, which shall be charged to the national budgets. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(1))
Earmarking provisions for direct public funding to political parties: Intra-party institution Yes. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. Likewise, an annual allocation may be included in the national budgets to meet the security expenses incurred by political parties in performing their political and institutional activity. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(1))
Allocation criteria for free or subsidized access to media for political parties Yes. See sub-indicators
Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats Yes. Art 61 refers to the total amount of votes obtained by each party in previous elections. Share of seats is not explicitly mentioned although usually correspond to the share of votes obtained (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 61)
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election Yes. Art. 61"The distribution of free airtime for electoral propaganda is made according to the total number of votes obtained by each party, federation or coalition in the previous equivalent elections." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 61)
Allocation criteria for free or subsidized access to media for political parties: Other No. Article 64 establishes the criteria for access to media for political party for election campaign Art.64 "1. The distribution of free time each electoral propaganda in media and public ownership in the various areas of programming that they have, is made according to the following scale: a) Ten minutes for parties, federations and coalitions who did not attend or did not obtain representation in the previous equivalent elections. b) Fifteen minutes for parties, federations and coalitions who obtain representation in the previous equivalent elections, had not reached 5 per 100 of the total valid votes cast in the country or, where appropriate, in the constituencies makes Article 62 reference. c) Thirty minutes for parties, federations and coalitions who obtain equivalent representation in previous elections, have reached between 5 and 20 per l00 of the total votes referred to in paragraph b). d) Forty-five minutes for parties, federations and coalitions who obtain representation in the previous equivalent elections, had reached at least 20 per 100 of the total of votes referred to in paragraph b). 2. The right to free broadcast time listed in the previous paragraph applies only to those parties, federations or coalitions nominate candidates in more than 75 100 constituencies within the scope of disclosure or, where appropriate, Programming the respective medium. For the municipal elections will be as provided in the special provisions of this Act. 3. The parties, associations, federations or coalitions that do not meet the requirements for applications laid down in the previous paragraph are, however, entitled to fifteen minutes of general programming broadcast on national media if they had won in the previous elections equivalent to 20 100 votes cast in the context of an Autonomous Community in time conditions similar to those agreed for emissions parties, federations and coalitions 1.d) section of this article refers to. In this case the issue shall be limited to the territorial scope of that Community. This right is not cumulative to that provided above. 4. The groups of voters that federate for propaganda in the media of public ownership will be entitled to ten minutes broadcasting, if they meet the requirement for applications required in paragraph 2 of this Article. " (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 64)
Are there provisions for free or subsidized access to media for candidates? No / Yes ? . Indirect funding of election campaigns is provided through free airtime in public broadcasting during election campaigns. (Indirect funding of election campaigns is provided through free airtime in public broadcasting during election campaigns.)
Are there provisions for any other form of indirect public funding? Yes. See sub-indicators
Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Art.54.3 "must reserve official premises and public places free for holding election campaign activities." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 54)
Provisions for any other form of indirect public funding: Space for campaign materials Yes. Art.60.2 "During the election campaign the parties, federations, coalitions and groups that attend the elections are entitled to free propaganda spaces in television stations and radio in public ownership as provided in the following articles." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 60)
Provisions for any other form of indirect public funding: Tax relief Yes. A number of tax incentives and exemptions. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 10 & 11.)
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost Yes. Discount postage rates for campaign mailing and campaign hoarding (billboards), and public meeting rooms are provided free of charge by municipalities during election campaigns. (Organic Law No. 5 on the General Election Regime, 1985, amended 2016)
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Art. 5 "Nobody can be forced or coerced under any circumstances in the exercise of their right to vote" (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 5)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. General elections: Art. 175 "The state subsidizes the expenses arising electoral activities in accordance with the following rules: a) 21,167.64 per seat obtained in Congress of Deputies or the Senate. b) 0.81 euros for each of the votes obtained by each candidate to Congress, one of whom at least, would have obtained Deputy seat. c) 0.32 euros for each of the votes obtained by each candidate having obtained seat of Senator. 2. For elections to Parliament or any of its chambers, the limit of election expenses shall be the result of multiplying by 0.37 the number of inhabitants euros corresponding to the legal population of the districts where each present their candidacies party, federation, coalition or grouping. 3. In addition to the subsidies referred to in previous sections, the state will subsidize parties, federations, coalitions or groups election expenses incurred by direct shipment and staff voters envelopes and ballots or electoral propaganda and advertising according to the following rules: a) 0.18 euros per voter in each of the constituencies in which list has been submitted to the Congress of Deputies and the Senate, shall be paid provided that the candidate had obtained the reference number of deputies or senators or votes necessary for constitute a parliamentary group in both houses". - European Parliament elections: Art. 227 "The State subsidizes the expenses arising electoral activities in accordance with the following rules: a) 32,508.74 euros for each seat obtained. b) 1.08 euros for each of the votes obtained by each candidate, one of whom, at least, would have obtained Deputy seat. 2. For the elections to the European Parliament, the limit of election expenses shall be the result of multiplying by 0.19 the number of inhabitants euros corresponding to the legal population in the electoral districts where it was requested that the diffusion takes place the ballots. 3. In addition to the subsidies referred to in previous sections, the state will subsidize parties, federations, coalitions or groups election expenses incurred by direct shipment and staff voters in at least one region, envelopes and or electoral propaganda and electoral publicity in accordance with the following rules ballots: a) 0.13 per elector will be paid, provided that the candidate has obtained at least one deputy and at least 15 of the 100 valid votes cast. b) 0.09 euros per voter is paid, provided that the candidate has obtained at least one deputy and at least 6 per 100 of the valid votes cast. c) EUR 0,025 per voter is paid, provided that the candidate has obtained at least one deputy and at least 3 per 100 of the valid votes cast. d) 0.016 euros per voter shall be paid, provided that the candidate has obtained at least one deputy and at least 1 100 of the valid votes cast." - Municipal elections: Art. 193 "The state subsidizes the expenses arising electoral activities in accordance with the following rules: a) 270.90 euros per councilor elected. b) 0.54 euros for each of the votes obtained by each candidate, one of whom, at least, would have been proclaimed councilor. 2. For the municipal elections the limit of election expenses shall be the result of multiplying by 0.11 euros the number of inhabitants for stocks right of the districts where each party present their candidacies, federation, coalition or grouping. For each province, those who attend the elections in at least 50 of its 100 municipalities, may also spend another 150,301.11 euros for each of the provinces where they meet the aforementioned condition. 3. In addition to the subsidies referred to in previous sections, the state will subsidize parties, federations, coalitions or groups election expenses incurred by direct shipment and staff voters envelopes and ballots or electoral propaganda and advertising according to the following rules: a) 0.18 euros per voter in each of the districts in which they have obtained representation in local corporations in question, will be paid provided that the reference had submitted nomination lists 50 100 municipalities with more 10,000 inhabitants of corresponding province and has obtained at least 50 representation in 100 of them." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016)
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Do political parties have to report regularly on their finances? Yes. One. Political parties must keep detailed ledger books of accounts in a way that they always show the political party’s financial situation and its compliance with the obligations established in this Law. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 14(1))
Do political parties have to report on their finances in relation to election campaigns? Yes. Art. 133 "Among the 100-125 days after the elections, parties, federations, coalitions and groups that have achieved the requirements for state grants or who have applied advances against them, presented to the Court of Auditors, a detailed and documented their income and election spending accounting." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 133)
Do candidates have to report on their campaign finances? No. Absent from legal framework
Is information in reports from political parties and/​or candidates to be made public? Yes. Art.16 (5) The report shall be submitted to the Parliament and subsequently published in the Official State Gazette. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 16(5))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Art. 14 (3). In any case, the report is to include a list of the public subsidies and the private donations [...] received from natural or legal persons, specifically providing the identification details of each donor and the amount of the capital received. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 14(3))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Art. 16(1). The Court of Auditors is exclusively responsible for controlling the economic-financial activities of political parties […]. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 16(1))
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Art.15. Political parties must have an internal control system in place that guarantees the adequate audit and reporting of all the acts and documents from which rights and obligations of an economic nature are derived, in accordance with their articles of association. The report resulting from the internal review should be attached to the documentation submitted to the Court of Auditors. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 15)
Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency yes. Art. 16(1). The Court of Auditors is exclusively responsible for controlling the economic-financial activities of political parties […]. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 16(1))
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Art.17a (1). a) For the infractions provided in art.17 paragraph 2, letter a), a penalty of two up to five times the amount that exceed the permitted limits, the amount accepted by the third or the amount condoned is imposed. b) For the infractions provided in art.17 paragraph 2, letter b), a penalty of two up to five times the overspending is imposed. c) For the infractions of art.17 paragraph 2, letter c), a penalty of 50,000 up to 100,000 euros is imposed. In any case the penalties provided in letter a) and b) shall not exceed 50,000 euros. Art.17a (2). a) For the infractions provided in art. 17 paragraph 3, letter a), a penalty of 25,000 up to 50,000 euros and a penalty equivalent to 100% of the net profit earned by the commercial activities are imposed. b) For the infractions provided in art.17 paragraph 2, letter b), a penalty of two up to five times the overspending occured but not less than 25,000 euros is imposed. c) For other serious offences a penalty of 10,000 to 50,000 euros is imposed. Art.17a (3). a) For the infractions provided in art.17 paragraph 3, letter a), a penalty of 5,000 up to 10,000 euros is imposed. b) For the infractions provided in art.17 paragraph 3, letter b), a penalty of two up to five times the overspending occured but not less than 5,000 euros is imposed. [...] (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 17(a))
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Legislation

Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015 (Spanish)pdf
Organic Law No. 5 on the General Election Regime, 1985, amended 2016 (Spanish)pdf

*Last update: 2017

Financial Disclosure

The Law 5/2006 regulating the conflicts of interest of members Government and Senior Officers General Administration regulates the majority of financial disclosure requirements for public officials in Spain. Ministers, Members of Parliament, and Civil Servants disclose real estate, movable assets, cash, and shares of a value above EUR 100,000. Holdings by family members must be included so long as they amount to EUR 100,000 or more. Additionally, public officials disclose any profession they pursued in the two years before taking office. Only Members of Parliament and Civil Servants also disclose income from outside employment or income-producing assets.

All public officials make their statements upon taking and leaving office, and submit updates immediately whenever changes arise. While late filling is punishable by reprimand, failing to make financial disclosure statements or making false disclosures is published in the official gazette. Beyond this, sanctions for making false statements may include the non-receipt of compensation or dismissal from public office. The Office of conflict of interest in the Ministry of Public Administration serves as depository body for all public officials. It also verifies submissions and their accuracy, and enforces financial disclosure law. All disclosure statements are made public annually in the official state bulletin.

(Note: The Head of State is a monarch and thus exempted from disclosure laws.)

Quantitative Data

Primary Metric

201220152016201720202024Trend
Disclosure items575959595941
Filing frequency7510010010010038
Sanctions10010010010010050
Monitoring and Oversight10010010010010050
Public access to declarations757575757525

Alternative Metric

201220152016201720202024Trend
Head of State81878787870
Ministers818787878783
Members of Parliament828787878780
Civil servants82878787870

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Income and Assets
Real estate No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Movable assets No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Cash No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Loans and Debts No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Income from outside employment/assets No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Incompatibilities
Gifts received as a public official No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Private firm ownership and/or stock holdings No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Ownership of state-owned enterprises (SOEs) No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Holding government contracts No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Board member, advisor, or company officer of private firm No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Post-employment No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Simultaneously holding policy-making position and policy-executing position No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Participating in official decision-making processes that affect private interests No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Concurrent employment of family members in public sector No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)

Filing frequency

Filing required upon taking office No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Filing required upon leaving office No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Filing required annually No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Ad hoc filing required upon change in assets or conflicts of interest No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)

Monitoring and Oversight

Depository body explicitly identified No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Enforcement body explicitly identified No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Some agency assigned responsibility for verifying submission No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Some agency assigned responsibility for verifying accuracy No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)

Public access to declarations

Public availability No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Timing of information release specified No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Location(s) of access specified No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)
Cost of access specified No. Head of state is a monarch. Legal provisions do not apply. (but since 2022, voluntary transparency measures exist (Royal Household disclosures)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. spouses and family members up to a second degree but its not mandatory if they holdings don't exceed 100,000 euros Interests of spouses may be declared only where relevant to conflicts of interest No general €100,000 exemption rule for family disclosure “Declarations shall include interests that may give rise to conflicts of interest, including those of the spouse…” (Article 18, Law 3/2015 on Senior Positions of the State General Administration)
Income and Assets
Real estate Yes. declaration of goods and assets (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Movable assets Yes. the movable assets the may posess (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Cash Yes. the values and financial assets (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Loans and Debts Yes. Absent from legal framework “Assets and financial rights” includes liabilities (debts, loans) (“Declaration of assets and financial rights…”) (Article 17, Law 3/2015 on Senior Positions of the State General Administration)
Income from outside employment/assets Yes. Absent from legal framework Officials must declare activities (Art. 16), assets and income (Art. 17) (Article 16 and 17, Law 3/2015 on Senior Positions of the State General Administration)
Incompatibilities
Gifts received as a public official Yes. Absent from legal framework Gifts are regulated under conflict of interest rules Acceptance of gifts is restricted and must be reported where relevant (Article 26, Law 3/2015 on Senior Positions of the State General Administration)
Private firm ownership and/or stock holdings Yes. but not mandatory if their value is less than 100,000 euro (Article 18, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. Obliged to make an statement of profesional activities during two previous years (Article 16, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Post-employment Yes. Absent from legal framework “Senior officials may not provide services in private entities related to decisions in which they participated…” (Article 15, Law 3/2015 on Senior Positions of the State General Administration)
Simultaneously holding policy-making position and policy-executing position Yes. Absent from legal framework Core purpose of the law is to regulate conflicts of interest and decision-making integrity (Article 11 and 13, Law 3/2015 on Senior Positions of the State General Administration)
Participating in official decision-making processes that affect private interests Yes. Absent from legal framework Core purpose of the law is to regulate conflicts of interest and decision-making integrity (Article 11 and 13, Law 3/2015 on Senior Positions of the State General Administration)
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. 3 months max after taking office (Article 17, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Filing required upon leaving office Yes. 3 months max after leaving office (Article 17, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Filing required annually No. Absent from legal framework Updates required when circumstances change = de facto periodic obligation (Article 16 (2), Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Ad hoc filing required upon change in assets or conflicts of interest Yes. the declaration should be filled 3 months after starting the activity and on every time the interested part starts an activity (Article 16, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. its considered as a minor infraction and punsihed by repriand (Articles 25 and 26, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. (Articles 25 and 26, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. In addition santcions may include dismissal from public office, the non-receipt of compensation, and the obligation to return anything that was overpayed in connection with the false declaration. (Articles 25 and 26, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))

Monitoring and Oversight

Depository body explicitly identified Yes. the office of conflict of interest in the ministry of public administration (Article 19, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Enforcement body explicitly identified Yes. the office of conflict of interest (Article 19, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Some agency assigned responsibility for verifying submission Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (...) (Article 23, Law 3/2015 on Senior Positions of the State General Administration (repealing Royal decree n.432/2009))
Some agency assigned responsibility for verifying accuracy Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (...) (Article 23, Law 3/2015 on Senior Positions of the State General Administration (repealing Royal decree n.432/2009))

Public access to declarations

Public availability Yes. Art.21 (2). The electronic register of the activities shall be public (...). Art.21 (3). The electronic register of the assets and financial rights shall be confidential except for the person concernred and the following organs: (...). Art.21 (5). The content of the statements of assets and financial rights (...) will be published in the "official gazzette" within the terms provided under this Act. (Article 21, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Timing of information release specified No. Absent from legal framework Publication required “within the terms provided” (Article 21 (5), Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Location(s) of access specified Yes. In the Official State Gazette (Article 21 (5), Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Cost of access specified No. Absent from legal framework

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. spouses and family members up to a second degree but its not mandatory if they holdings don't exceed 100,000 euros (Article 18, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Income and Assets
Real estate Yes. declaration of goods and assets (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Movable assets Yes. the movable assets the may posess (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Cash Yes. the values and financial assets (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Loans and Debts Yes. the values and financial assets that can be traded (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Income from outside employment/assets Yes. the movable assets the may posess (Article 17 and Section II of the preamble of Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Incompatibilities
Gifts received as a public official No. The gifts received by a member of the Courts during the official trips of the Chambers or when they act on their behalf must be delivered to the General Secretariat of the Chamber, so that they can be inventoried and subsequently published on the website of the Congress of Deputies or the Senate. (Code of Conduct of the Spanish Parliament ("Cortes Generales"), 2020)
Private firm ownership and/or stock holdings Yes. but not mandatory if their value is less than 100,000 euro (Article 18, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. but obligued to make an statement of profesional activities during two previous years (Article 16, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework (Code of Conduct of the Spanish Parliament ("Cortes Generales"), 2020)
Participating in official decision-making processes that affect private interests No. Absent from legal framework (Code of Conduct of the Spanish Parliament ("Cortes Generales"), 2020)
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. 3 months max after taking office (Article 17, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Filing required upon leaving office Yes. 3 months max after leaving office (Article 17, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest Yes. the declaration should be filled 3 months after starting the activity and on every time the interested part starts an activity (Article 16, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. its considered as a minor infraction and punsihed by repriand (Articles 25 and 26, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. (Articles 25 and 26, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. In addition sanctions may include dismissal from public office, the non-receipt of compensation, and the obligation to return anything that was overpayed in connection with the false declaration. (Articles 25 and 26, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))

Monitoring and Oversight

Depository body explicitly identified Yes. the office of conflict of interest in the ministry of public administration (Article 19, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Enforcement body explicitly identified Yes. the office of conflict of interest (Article 19, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Some agency assigned responsibility for verifying submission Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (…) (Article 23, Law 3/2015 on Senior Positions of the State General Administration (repealing Royal decree n.432/2009))
Some agency assigned responsibility for verifying accuracy Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (…) (Article 23, Law 3/2015 on Senior Positions of the State General Administration (repealing Royal decree n.432/2009))

Public access to declarations

Public availability Yes. Art.21 (2). The electronic register of the activities shall be public (...). Art.21 (3). The electronic register of the assets and financial rights shall be confidential except for the person concernred and the following organs: (...). Art.21 (5). The content of the statements of assets and financial rights (...) will be published in the "official gazzette" within the terms provided under this Act. (Article 21, Law 3/2015 on Senior Positions of the State General Administration (repealing Law n.5/2006))
Timing of information release specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Income and Assets
Real estate No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Movable assets No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Cash No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Loans and Debts No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Income from outside employment/assets No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Incompatibilities
Gifts received as a public official No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Private firm ownership and/or stock holdings No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Holding government contracts No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Board member, advisor, or company officer of private firm No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Post-employment No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Participating in official decision-making processes that affect private interests No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Concurrent employment of family members in public sector No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules

Filing frequency

Filing required upon taking office No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Filing required upon leaving office No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Filing required annually No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Enforcement body explicitly identified No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Some agency assigned responsibility for verifying submission No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules

Public access to declarations

Public availability No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Timing of information release specified No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Location(s) of access specified No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules
Cost of access specified No. Absent from legal framework Civil servants are governed by Spanish Basic Statute of Public Employees or Transparency and incompatibility rules

Legislation

Law No. 3 on the Exercise of Senior Positions in the General State Administration of 2015_SPA (Spanish)pdf
Order TFP 2 of 2020_SPA (Spanish)pdf
Code of Conduct of the Spanish Parliament of 2020_SPA (Spanish)PDF

*Last update: 2017

Conflict of Interest

Spanish laws governing conflicts of interests are relatively similar for all public officials, though specified in different laws. Ministers and Civil Servants are obliged to generally alleviate any situations constituting a conflict of interests, and may not accept gifts or pursue any other professional or commercial employment. This would include the ownership of private or public companies, holding government contracts or holding board membership. These regulations are made in the Constitution (1978, last amended 2011), the Law on Transparency, access to information and good governance (2013), and the Law on Incompatibilities for employees in the public sector (1985, last amended 2011), amongst others. The Electoral Law (1985, last amended 2016) makes the same restriction preventing MPs from being chairmen, directors, managers or indirect participators in private companies. No further restrictions apply to MPs.

Meanwhile, no sanctions are specified for any kind of violation of laws governing conflicts of interests. No monitoring or enforcement body is specified for MPs. However, the Board of Transparency and Good Governance offers training and makes recommendations for Ministers and Civil Servants. Here, too, no enforcement body is specified.

(Note: The Head of State is a monarch and thus exempted from conflicts of interests laws.)

Quantitative Data

Primary Metric

201220152016201720202024Trend
Restrictions658080807852
Sanctions926767676717
Monitoring and Oversight8810010010010062

Alternative Metric

201220152016201720202024Trend
Head of State73868686820
Ministers908686868268
Members of Parliament768686868257
Civil servants877272727951

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of state is a monarch. Legal provisions do not apply.
Accepting gifts No. Head of state is a monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is a monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is a monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is a monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is a monarch. Legal provisions do not apply.
Post-employment No. Head of state is a monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is a monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is a monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of state is a monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of state is a monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of state is a monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest Yes. Members of Government must perform their activity with full dedication and in full compliance with the regulations governing incompatibilities and conflicts of interest. In addition, the exercise of senior management (here included Ministers) must be carried out with due diligence and without incurring the risk of conflicts of interest. (Constitution of Spain of 1978 (as of 2020), Art. 98 (4) Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Arts. 3, 10 and 11 Law on Transparency, Access to Information and Good Governance of 2013 (as of 2020), Arts. 25 (1) and 26 (2) (b) 1.)
Accepting gifts Yes. Members of Government may not accept gifts that exceed the usual social or courtesy customs. In the case of gifts of greater institutional importance, they shall be incorporated into the assets of the corresponding public administration (Law on Transparency, Access to Information and Good Governance of 2013 (as of 2020), Arts. 25 (1) and 26 (2) (b) 6.)
Private firm ownership and/or stock holdings Yes. For the management and administration of shares or debentures admitted to trading on regulated markets or multilateral trading facilities, derivative products on the foregoing, shares in companies that have announced their decision to apply for admission to trading and units in collective investment undertakings, senior officers must engage a firm authorised to provide investment services. This obligation shall not be enforceable when the amount of such securities and financial instruments does not exceed the sum of 100,000 euros, calculated by value for Wealth Tax purposes. This contracting shall be maintained for as long as the senior officer holds office. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Arts. 14 and 18 Law on Transparency, Access to Information and Good Governance of 2013 (as of 2020), Art. 27)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Senior officials may not hold, either directly or through an intermediary, direct or indirect holdings of more than ten per cent in companies as long as they have agreements or contracts of any kind with the state, regional or local public sector, or which receive subsidies from any public administration. In the case of public limited companies whose subscribed share capital exceeds 600,000 euros, this prohibition shall affect equity holdings which, without reaching ten per cent, represent a position in the share capital of the company that may significantly condition its actions. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 14)
Board member, advisor, or company officer of private firm Yes. Members of the Government may not exercise any public function which does not derive from their office, nor any professional or commercial activity whatsoever. (Constitution of Spain of 1978 (as of 2020), Art. 98 Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 13)
Post-employment Yes. Senior officials may not, during the two years following the date of their departure, provide services to private entities that have been affected by decisions in which they have participated. The prohibition extends both to the private entities affected and to those belonging to the same corporate group. Those who are senior officials by virtue of being members or holders of a regulatory or supervisory body or body may not, during the two years following their resignation, provide services in private entities that have been subject to their supervision or regulation. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 15)
Simultaneously holding policy-making position and policy-executing position No. Members of the Government or Secretaries of State may combine their activity with that of Deputy or Senator of the Cortes Generales under the terms provided for in Organic Law 5/1985 of 19 June 1985 on the General Electoral System. However, they may receive remuneration only by virtue of one of the two posts, without prejudice to the legally applicable indemnities. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 13 (2) (b))
Participating in official decision-making processes that affect private interests Yes. Senior officials should exercise their functions and powers without incurring a conflict of interest and, if they consider themselves to be in a conflict of interest, they should refrain from taking the decision affected by it. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 12)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Very serious and serious infringements will be sanctioned with the declaration of non-compliance with the law and its publication in the "Official State Gazette" once the corresponding resolution has become administratively final. The sanction for a very serious infringement shall also include: a) Dismissal from the public offices they hold, unless they have already ceased to hold such offices; b) The loss of the right to receive the compensation after cessation provided for in Article 6, in the event that this compensation is paid; c) The obligation to repay, where appropriate, any sums received unduly in respect of compensation after leaving the service. Additionally, persons who have committed the offences defined as serious or very serious may not be appointed to high office for a period of between 5 and 10 years. The minor infringement provided for in article 25.3 shall be sanctioned with a warning. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Arts. 25 and 26)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Board of Transparency and Good Governance makes recommendations and offers training on maintaining the principles of the transparency and good governance laws. Additionally, the Conflicts of Interest Office will inform senior officials of his or her obligations after taking up his or her duties. It may propose training initiatives for senior officials on conflicts of interest and good governance to training institutions. (Law on Transparency, Access to Information and Good Governance of 2013 (as of 2020), Art. 38 Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 10)
Enforcement body specified (sanctions, hearings) Yes. The body competent to order the initiation of proceedings when the senior officials have the status of member of the Government or Secretary of State shall be the Council of Ministers, at the proposal of the Minister of Finance and Public Administrations. In all other cases, the body responsible for ordering the initiation of proceedings shall be the Minister of Finance and Public Administrations. The investigation of the corresponding files shall be carried out by the Conflicts of Interest Office. The Council of Ministers shall be responsible for imposing sanctions for very serious misconduct and, in any case, when the senior official is a member of the Government or Secretary of State. Sanctions for serious misconduct shall be imposed by the Minister of Finance and Public Administration. Sanctions for minor offences shall be imposed by the Secretary of State for Public Administrations. (Law Regulating the Exercise of Senior Positions in the General State Administration of 2015 (as of 2020), Art. 27)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. Members of the Cortes Generales are now expressly required to avoid conflicts of interest and take all necessary steps to prevent them; if a conflict cannot be resolved, it must be disclosed before the debate starts. (Código de Conducta de las Cortes Generales (Acuerdo de las Mesas del Congreso de los Diputados y del Senado, 1 Oct. 2020), art. 3)
Accepting gifts Yes. Members of Parliament may not accept gifts that exceed the usual social or courtesy customs. In the case of gifts of greater institutional importance, they shall be incorporated into the assets of the corresponding public administration. (Law on Transparency, Access to Information and Good Governance of 2013 (as of 2020), Arts. 2 (1) (f) and 26 (2) (b) 6.)
Private firm ownership and/or stock holdings Yes. The mandate of Deputies and Senators is incompatible with a shareholding of more than 10%, acquired in whole or in part after the date of their election as Deputies or Senators, except by inheritance, in Companies or Enterprises that have contracts for works, services, supplies or, in general, any others that are paid for with funds from Bodies or Enterprises of the state, autonomous or local public sector. (Law on the General Electoral System of 1985 (as of 2020), Art. 159 (2) (e))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. The mandate of Deputies and Senators is incompatible with the activity of contractor or guarantor of works, services, supplies and, in general, any contracts paid for with funds from state, autonomous or local public sector bodies or companies, or the performance of posts or positions that have attached to them functions of management, representation, consultancy or provision of services in companies or companies engaged in such activities. It is also incompatible with the provision of consultancy services or any other type of services, individually or jointly owned, in favour of state, autonomous or local public sector bodies or companies. (Law on the General Electoral System of 1985 (as of 2020), Art. 159 (2) (b) (d))
Board member, advisor, or company officer of private firm Yes. The term of office of Deputies and Senators shall be incompatible with the holding, either by themselves or by substitution, of any other post, profession or activity, whether public or private, whether self-employed or employed by others, whether paid by salary, wages, fees, honoraria or any other form. It is also incompatible with the holding of posts or positions that include management, representation, consultancy or provision of services in companies or companies that are lessees or administrators of monopolies. (Law on the General Electoral System of 1985 (as of 2020), Arts. 157 (2) and 159 (2) (c))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Members of Parliament cannot be: a) components of the Constitutional Court; b) senior officials of the State Administration as determined by law, with the exception of members of the Government; c) the Ombudsman; d) active Magistrates, Judges and Public Prosecutors; e) professional military personnel and members of the Security and Police Forces and Corps on active duty; f) members of the Electoral Boards. More broadly, the term of office of Deputies and Senators shall be incompatible with the holding, either by themselves or by substitution, of any other post, profession or activity, whether public or private, whether self-employed or employed by others, whether paid by salary, wages, fees, honoraria or any other form. (Constitution of Spain of 1978 (as of 2020), Art. 70 Law on the General Electoral System of 1985 (as of 2020), Art. 157 (2))
Participating in official decision-making processes that affect private interests Yes. Deputies and senators must disclose an unresolved conflict of interest to the Presidency of the relevant chamber before debate begins in plenary or committee, so there is now a binding ad hoc conflict rule for parliamentary decision-making (Código de Conducta de las Cortes Generales (Acuerdo de 1 Oct. 2020), art. 3(2)-(3).)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Members of Parliament enjoy immunity. (Constitution of Spain of 1978 (as of 2020), Art. 71)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Presidency of each chamber oversees the Register of Interests, and in cases of doubt a deputy or senator may confidentially seek guidance from the Bureau of the chamber, which may request a report from the relevant parliamentary committee. (Código de Conducta de las Cortes Generales, arts. 3(4) and 4.)
Enforcement body specified (sanctions, hearings) Yes. The Presidency of each chamber may open proceedings, on its own initiative or at the request of another parliamentarian, to determine whether a deputy or senator has breached the Code, especially in conflict-of-interest cases. (Código de Conducta de las Cortes Generales, art. 5.)

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants/public employees shall abstain in matters in which they have a personal interest, as well as from any private activity or interest that may pose a risk of a conflict of interest with their public office. They shall not enter into financial obligations or engage in financial transactions, property obligations or legal transactions with persons or entities where there is a risk of a conflict of interest with the duties of their public office. (Law on the Basic Statute of the Public Employee of 2015 (as of 2020), Art. 53 (5) (6))
Accepting gifts Yes. Any gift, favour or service on advantageous terms that goes beyond the usual, social and polite customs shall be refused, without prejudice to the provisions of the Penal Code. (Law on the Basic Statute of the Public Employee of 2015 (as of 2020), Art. 54 (6))
Private firm ownership and/or stock holdings Yes. Civil servants may not hold more than 10 per cent in the capital of companies that are concessionaries, contractors of works, services or supplies, lessees or administrators of monopolies, with participation or endorsement of the public sector, whatever their legal form. (Law on Incompatibilities of Staff in the Service of Public Administrations of 1984 (as of 2020), Art. 12 (1) (c) (d))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Civil servants may not perform private activities, including those of a professional nature, whether on their own account or under the dependence or in the service of entities or private individuals, in matters in which they are intervening, have intervened in the last two years or have to intervene by reason of the public post. This incompatibility includes, in particular, professional activities provided to persons to whom he/she is obliged to attend in the performance of the public post. It is also forbidden for civil servants to hold, by themselves or through an interposed person, positions of any kind in companies or concessionary companies, contractors of works, services or supplies, lessees or administrators of monopolies, or with participation or endorsement of the public sector, whatever the legal configuration of such companies or companies may be. (Law on Incompatibilities of Staff in the Service of Public Administrations of 1984 (as of 2020), Art. 12 (1) (a) (c))
Board member, advisor, or company officer of private firm Yes. Civil servants may not be members of Boards of Directors or governing bodies of private Companies or Entities, provided that their activities are directly related to those managed by the Department, Body or Entity in which the affected civil servant provides their services. (Law on Incompatibilities of Staff in the Service of Public Administrations of 1984 (as of 2020), Art. 12 (1) (b))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. By way of exception, civil servants may combine their activities with the performance of the following elective offices: a) Members of the Legislative Assemblies of the Autonomous Communities, unless they receive regular remuneration for the performance of the function or the incompatibility is established by the same; and b) Members of Local Corporations, unless they hold paid positions in the same under a regime of exclusive dedication. (Law on Incompatibilities of Staff in the Service of Public Administrations of 1984 (as of 2020), Art. 5)
Participating in official decision-making processes that affect private interests Yes. Civil servants/public employees shall abstain in matters in which they have a personal interest, as well as from any private activity or interest that may pose a risk of a conflict of interest with their public office. (Law on the Basic Statute of the Public Employee of 2015 (as of 2020), Art. 53 (5))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The use of the status of public employee to obtain an undue advantage for oneself or for another, and non-compliance with the rules on incompatibilities when this gives rise to a situation of incompatibility are considered very serious misconduct. The following penalties may be imposed for misconduct: a) removal from service of civil servants, which in the case of interim civil servants shall entail the revocation of their appointment, and which may only sanction the commission of very serious misconduct; b) disciplinary dismissal of employment staff, which may only sanction the commission of very serious misconduct and shall entail disqualification from holding a new employment contract with functions similar to those they performed; c) suspension of duties, or of employment and salary in the case of employment personnel, for a maximum period of 6 years; d) forced transfer, with or without a change of place of residence, for the period established in each case; e) demerit, which shall consist of a penalty for the purposes of career, promotion or voluntary mobility; f) warning; g) others established by law. (Law on the Basic Statute of the Public Employee of 2015 (as of 2020), Arts. 95 (2) (j) (n) and 96 (1) Law on Incompatibilities of Staff in the Service of Public Administrations of 1984 (as of 2020), Art. 20)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Board of Transparency and Good Governance makes recommendations and offers training on maintaining the principles of the transparency and good governance laws. Any second employment must be authorized by the Ministry of the Presidency and the comptenten supervising authority. (Law on Transparency, Access to Information and Good Governance of 2013 (as of 2020), Art. 38 Law on Incompatibilities of Staff in the Service of Public Administrations of 1984 (as of 2020), Art. 9 )
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Legislation

Constitution of Spain of 1978 (Spanish)pdf
Law No. 3 Regulating the Exercise of Senior Positions in the General State Administration of 2015 (Spanish)pdf
Law No. 19 on Transparency, Access to Public Information and Good Governance of 2013 (Spanish)pdf
Law No. 5 on the General Electoral System of 1985 (Spanish)pdf
Law No. 5 on the Basic Statute of the Public Employee of 2015 (Spanish)pdf
Law No. 53 on Incompatibilities of Staff in the Service of Public Administrations of 1984 (Spanish)pdf

*Last update: 2017

Freedom of Information

Spain’s access to information regime is established by its Constitution (1978) and Law 19 on transparency, access to public information and good governance (2013). The executive is covered by the FOI law; however the government is excluded. The legislative and judicial branches are only subject to the law and obliged to supply information about activities subject to Administrative Law.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Law 9 on Official Secrets (1968), and Law 15 on the Protection of Personal Data (1999). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

An appeal against a refusal of access can be made to the Council for Transparency and Governance. An appeal against a judgment on access to public information may also be made directly to the Administrative Courts.

There are no sanctions specified in the law for violations of FOI provisions. The Council for Transparency and Good governance promotes good practice in access to public information and offers training activities to increase knowledge of the provisions of the law. However, it is not clear whether this includes management of the implementation process.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope and Coverage10010010010010093
Information access and release838383838375
Exceptions and Overrides10010010010010083
Sanctions for non-compliance333367676733
Monitoring and Oversight838383838367

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. 1. The following rights are recognised and protected: d) the right to freely communicate or receive accurate information by any means of dissemination whatsoever. (Article 20 of the Constitution of Spain, 1978)
"Information" or "Documents" is defined Yes. Public information is understood to mean the contents or documents, whatever their format or medium, that are in the possession of any of the subjects included in the scope of this title and that have been prepared or acquired in the exercise of their functions. (Article 13 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Proactive disclosure is specified Yes. Information officers within public bodies must ensure that the most frequently-requested information is made available online. (Article 21(2)(f) Law 19 on transparency, access to public information and good governance, 2013, amended 2022)

Coverage of public and private sectors

Executive branch Yes. The executive is covered; however the government is excluded from the scope without any reason being given. This exclusion makes it impossible to inquire about the President, Vice President or Vice Presidents and ministers, thus excluding matters discussed in the Council of Ministers and the Government Delegate Committees . (Article 2 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Legislative branch Yes. The legislative branch is only subject to the law and obliged to supply information in circumstances when it provides an administrative role. (Article 2 Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 1 Regulatory Norm on the right of access to public information in the Senate, 2014 Article 2 Rules of the General Committee of the Congress of Deputies on the application of the FOIA, 2015)
Judicial branch No. The law does not include the judiciary; only the General Council of the Judiciary will be partially included in the scope of the law (Article 2 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Other public bodies Yes. Although the law covers a large number of state bodies, it is only possible to access information from them on those activities subject to Administrative Law. (Article 2 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Private sector Yes. g) Commercial companies in whose share capital the direct or indirect participation of the entities provided for in this article is greater than 50 percent. (Article 2 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. The law on access to public information - and therefore its implementing regulations within the two houses of parliament - includes within its scope draft laws and draft implementing regulations. Draft laws are published on the websites of both the lower and upper houses of parliament. (Article 7(b) & (c) and Article 40 Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 7(a) Regulatory Norm on the right of access to public information in the Senate, 2014 Article 10(a) Rules of the General Committee of the Congress of Deputies on the application of the FOIA, 2015)
Enacted legal instruments Yes. The Constitution guarantees the publication of legal norms. Laws are published in the Official Bulletin and available on its website - www.boe.es/legislacion/ (Article 9(3) and Article 91 Constitution of Spain, 1978)
Annual budgets Yes. The FOIA requires budgets and accounts to be published. The Ministry of Finance and Public Administration is also required to ensure that the information covered by the Budgetary Stability law is made publicly available. This includes budgets, information used in budgetary planning and statements of accounts. The General Comptroller of the State Administration publishes, on a monthly basis, in the "Official Gazette" information relating to operations of the state budget execution (Article 8(1)(d) & (e) Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 6(2) and (3), Organic Law 2 on Budgetary Stability and Financial Sustainability, 2012, amended 2020 Article 136(1) General Budgetary Law 47/2003, amended 2020)
Annual chart of accounts (actual expenditures) Yes. The FOIA requires budgets and accounts to be published. The Ministry of Finance and Public Administration is also required to ensure that the information covered by the Budgetary Stability law is made publicly available. This includes budgets, information used in budgetary planning and statements of accounts. The General Comptroller of the State Administration publishes, on a monthly basis, in the "Official Gazette" information relating to operations of the state budget execution (Article 8(1)(d) & (e) Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 6(2) and (3), Organic Law 2 on Budgetary Stability and Financial Sustainability, 2012, amended 2020 Article 136(2) and (3) General Budgetary Law 47/2003, amended 2020)
Annual reports of public entities and programs Yes. Public bodies must publish annual plans and programmes. (Article 6(2) Law 19 on transparency, access to public information and good governance, 2013, amended 2022)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) No. Individuals have the right to access public records and archives as set out in the Constitution and the FOIA. Legal entities do not have however the right to access information. Other laws only confer the right to access to information on citizens. (Article 12 Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 105, Constitution 1978 Article 35(h) and Article 37 Law 30 on Legal Regime of Public Administration and Administrative Procedure 1992, amended 2022 Article 6 Law 11 on citizen's electronic access to public services, 2007)
Type of request is specified (written, electronic, oral) Yes. The application process is set out in some detail in terms of who applications should be addressed to and what information should be included with the application. It is however a long and complicated process that allows to send information requests via the online Transparency Portal only. (Article 17 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Access is in principal free but costs can be charged. There is no stipulation of how many free photocopies can be provided. The law also allows charges to be set according to the local laws of the different autonomous communities, giving no consistency across Spain. (Article 22(4) Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Law 8 on Fees and Public Charges, 1989, amended 2012)

Deadlines for release of information

20-day response deadline Yes. Public bodies are required to respond to requests for information within one month (the equivalent of 20 working days). (Article 20(1) Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Agency granted right to extend response time Yes. If the quantity or complexity of the information requested requires it, the deadline can be extended by a further month as long as the applicant is informed in advance. (Article 20(1) Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Maximum total response time of no more than 40 days Yes. The response period plus the extension period come to two months or 40 working days. (Article 20(1) Law 19 on transparency, access to public information and good governance, 2013, amended 2022)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Law 9/1968 on Official Secrets. The Criminal Code also defines the professional secret which is information gained through one's work. (Law 9 on Official Secrets, 1968 Article 199 Criminal Code 1995)
Existence of personal privacy/data law Yes. The Spanish Constitution guarantees the right to personal and family privacy of Spanish citizens. The processing of personal data is regulated by the Organic Law 15/1999 on the Protection of Personal Data. (Articles 18 and 105(b), Constitution of Spain, 1978 Article 1 Organic Law 3/2022, of December 5, on Protection of Personal Data and guarantee of digital rights, amended 2020)
Specific exemptions to disclosure Yes. The right of access to records and archives can be restricted if: - disclosure may harm national security, defence, external relations, public safety, criminal or administrative investigations, legal proceedings, administrative functions of monitoring, inspection and control, economic and commercial interests, economic and financial policy, professional secrecy and intellectual property, confidentiality in decision-making processes and the environment. - if the data is classified under the Law on Official Secrets - it constitutes personal data which can only be disclosed with the permission of the individual concerned, if provided for by law, if the data comes from a public source, or if requested by certain public officials or in the interests of public health. Documents within the archives which contain personal data of a police nature, procedural, clinical or other nature that may affect the safety of persons, their honour, to the intimacy of his private and family life and his own image, cannot be publicly consulted without the express consent of the affected or until within twenty-five years has elapsed since his death. (Article 14(1) and Article 15, Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 11 Organic Law 3/2022, of December 5, on Protection of Personal Data and guarantee of digital rights, amended 2020 Article 1 Law 9 on Official Secrets, 1968)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. An appeal against a refusal of access can be made to the Council for Transparency and governance, 2013. Article 2(1)(f) of the FOIA sets out a list of institutions including the House of His Majesty the King, the House of Deputies, the Senate against which a claim cannot be made to the Council; only judicial appeals can be made against them. (Article 24 and 2(1)(f) Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 107(2) Law 30 on Legal Regime of Public Administration and Administrative Procedure 1992, amended 2022 )
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. An appeal against a refusal of access can be made to the Council for Transparency and governance, 2013. Article 2(1)(f) of the FOIA sets out a list of institutions including the House of His Majesty the King, the House of Deputies, the Senate against which a claim cannot be made to the Council; only judicial appeals can be made against them. (Article 24 and 2(1)(f) Law 19 on transparency, access to public information and good governance, 2013, amended 2022 Article 107(2) Law 30 on Legal Regime of Public Administration and Administrative Procedure 1992, amended 2022 )
Judicial appeals mechanism Yes. An appeal against a judgment on access to public information can be made directly to the Administrative Courts , irrespective of whether a discretionary claim has been filed under Article 24. (Article 20 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. The commission of very serious, serious or minor infractions will be sanctioned in accordance with the criteria set forth in article 131.3 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure, and the following: a) The nature and entity of the offense. b) The seriousness of the danger caused or the damage caused. c) The gains obtained, where appropriate, as a result of the acts or omissions constituting the infringement. d) The unfavorable consequences of the events for the respective Public Treasury. e) The circumstance of having proceeded to rectify the infringement on its own initiative. f) Reparation of damages or losses caused. In the graduation of the sanctions, the existence of damages to the public interest, the impact of the conduct on citizens, and, where appropriate, the undue perception of amounts due to the performance of incompatible public activities will be assessed. (Article 30.5 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Public authorities must set up systems to make information requests an integral part of their operations. This includes creating dedicated units to ensure the correct implementation of the law, including to receive requests for information, gather and disseminate the information, set up appropriate information management and dissemination procedures, keep a log of requests for information, ensure the availability of the most frequently requested information online, and keep a “map” of the records kept by the authority. (Article 21 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Public body that is responsible for applying sanctions No. There are no sanctions provided for in the law.
Public body that is responsible for public outreach (raising public awareness) Yes. The Council for Transparency and Good governance, 2013 must promote transparency in the public sector, safeguard the exercise of the right to access public information and ensure that the provisions of the law are observed. Specifically this includes promoting good practice in access to public information and good governance, 2013 and promoting training activities to increase knowledge of the provisions of the law. (Articles 34 and 38 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. Ministry of Public Finance and Administration - nominates President of Council of Transparency and Good governance, 2013 - presents Council for Transparency and Good governance, 2013's annual draft budget to government (Article 39 Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Ombudsman involvement in implementation is specified by law Yes. A representative from the Ombudsman's office is one of the members of the Council for Transparency and Good governance, 2013. In addition, when the Council hears appeals against refusals to disclose information under Article 24 of the FOIA, the findings must be communicated by the President of the Council to the Ombudsman. (Articles 24(5) and 36(2)(e) Law 19 on transparency, access to public information and good governance, 2013, amended 2022)
Reporting of data and/or implementation is required No. Absent from legal framework

Legislation

Constitution of Spain of 1978_SPA (Spanish)pdf
Criminal Code of 1995_SPA (Spanish)pdf
Law on the Protection of Personal Data_SPA (Spanish)pdf
Law No. 19 on Transparency, Access to Public Information and Good Governance of 2013_SPA (Spanish)pdf
Regulatory Norm on the right of access to public information in the Senate of 2014_SPA (Spanish)PDF
Rules of the General Committee of the Congress of Deputies on the application of the FOIA of 2015_SPA (Spanish)pdf
Organic Law No. 2 on Budgetary Stability and Financial Sustainability of 2012_SPA (Spanish)pdf
General Budgetary Law No. 47 of 2003_SPA (Spanish)pdf
Law No. 39 on the Common Administrative Procedure of Public Administrations of 2015_SPA (Spanish)pdf
Law No. 8 on Fees and Public Charges of 1989_SPA (Spanish)pdf
Law No. 9 on Official Secrets of 1968_SPA (Spanish)pdf

*Last update: 2017

Public Procurement

The Spanish public procurement system is regulated by the Royal Legislative Decree (2011), and additional legislation also affects public procurement (e.g. laws on transparency). There are many public procurement units under the Ministry of Public Accounting and Public Administration.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 135,000 for goods

▪         EUR 5,225,000 for works

▪         EUR 135,000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days both for open procedures, restricted procedures and negotiated procedures from dispatch date, that can be reduced to 37 in case of a prior notification is issued. The final beneficial owners do not have to be disclosed when placing a bid.

There is no case for preferential treatment except for a policy indication that SMEs participation should be promoted. However, there are several options for bid exclusion: bankruptcy, severe administrative fines for labor-related issues, outstanding tax liabilities, and previous criminal convictions for corruption or related reasons. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there is no separate conflict of interest regulation on the composition of the evaluation committee.

There is a payable fee in certain cases of an arbitration procedure (if the contracting authority is not part of the public administration), but the amount is not specified. Court decisions are not publicly released.

Quantitative Data

Primary Metric

201220152016201720202024Trend
Scope9290929395
Information availability4646464697
Evaluation7575817562
Open competition7878757561
Institutional arrangements2929292943

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 15,000. Below EUR 15,000, minor contract procedure applies; between EUR 15,000 and EU threshold (EUR 143,000 for central government; EUR 221,000 for sub-central from 1 January 2024), national open procedure or simplified open procedure applies; above EU threshold, full EU procedures with OJEU/TED publication are required. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1)(a)(2), 116(1) and 118(1); Royal Decree-Law 3/2020)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 40,000. Below EUR 40,000, minor contract procedure applies; between EUR 40,000 and EUR 5,538,000, national procedures apply; above EUR 5,538,000, full EU procedures with OJEU/TED publication required. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1)(b) and 118(1))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 15,000. Below EUR 15,000, minor contract procedure applies; social and specific services follow a light-touch regime above EUR 750,000; standard services: full EU procedures above EUR 143,000/216,000 from 1 January 2024. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1)(a), 116(1) and 118(1))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 15,000. Classical contracting authorities: minor contract below EUR 15,000/40,000; simplified open procedure (procedimiento abierto simplificado abreviado) for contracts up to EUR 80,000 (works) or EUR 35,000 (supplies/services); standard open procedure above; full EU procedures above EU threshold from 1 January 2024. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1), 116(1)(a)(2), 159 and 118; Royal Decree-Law 3/2020)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 15,000. Utilities entities governed by Royal Decree-Law 3/2020; same minor contract thresholds apply; EU utilities threshold for goods/services updated to EUR 443,000 from 1 January 2024 (down from EUR 443,000 in 2024). (Royal Decree-Law 3/2020; Law 9/2017 (LCSP), Art. 21(1)(b)(2))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 100,000. Defence and security procurement governed by Law 24/2011; below-EU-threshold defence contracts follow simplified national procedures; the EU defence/security threshold updated to EUR 443,000 (goods/services) and EUR 5,538,000 (works) from 1 January 2024; contracts below EUR 100,000 in defence may be concluded via simplified procedure. (Law 24/2011 on Public Sector Contracts in the Field of Defence and Security, as amended in 2019, Art. 20; Royal Decree-Law 3/2020)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 15,000. Below EUR 15,000, direct award as minor contract; simplified open procedure (abreviado) between EUR 15,000 and EUR 35,000; standard national/open procedure between EUR 35,000 and EU threshold; full EU procedures above EU threshold from 1 January 2024. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1)(a)(2) and 118(1))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 40,000. Below EUR 40,000, direct award as minor contract; simplified open procedure between EUR 40,000 and EUR 2,000,000; standard open/restricted/negotiated procedures between EUR 2,000,000 and EU threshold; full EU procedures above EUR 5,538,000 from 1 January 2024. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1)(b) and 118(1))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 15,000. Same structure as goods for standard services; social and specific services (Annex IV/XIV) follow a light-touch regime above EUR 750,000; standard services: full EU procedures above EUR 143,000/216,000; simplified open procedure between EUR 15,000 and EUR 35,000. (Law 9/2017 (LCSP), as amended in 2020, Arts. 21(1)(a)(2) and 118(1))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting body shall provide free electronic access, including personalized services associated with the content of the contracting profile such as sending alerts, electronic access to documents, etc.; all procurement documents must be available from the day of notice publication on the contracting profile (perfil de contratante) or the PLACE portal. (Law 9/2017 (LCSP), as amended in 2020, Arts. 63(1)(2)(3) and 347; Royal Decree-Law 3/2020)
Are any of these documents published online at a central place? Yes. Public Sector Procurement Platform (Plataforma de Contratación del Sector Público – PLACE): https://contrataciondelestado.es and Official Gazette (BOE); Official Autonomous Region Gazette (BOCA); OJEU/TED for above-threshold procedures; the platform continuously publishes all contracting information at an autonomous region level as well. (Law 9/2017 (LCSP), as amended in 2020, Art. 347; Royal Decree-Law 3/2020)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. All information contained in the contracting authority's profile will be published permanently and continuously (Art. 63(3)); the contracting authority must maintain a complete procurement file including all the information required by law; procurement records including signed contracts, award decisions, evaluation reports, appeals and outcomes, final payments, disbursement data, and addenda must be kept; additionally, an obligation applies to publish contract performance data including subcontracting data and partial payments. (Law 9/2017 (LCSP), as amended in 2020, Arts. 63, 119 and 328; Royal Decree-Law 3/2020)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Contracts awarded within a framework agreement (acuerdos marco) will be published on the contracting authority's profile; the LCSP establishes that contracting authorities must publish the award of all contracts (including those based on framework agreements) in their contracting profile; contracts based on framework agreements from Category M1 to M3, N1 and N3 above EU threshold are subject to vehicle lifetime environmental reporting; simplified reporting is done by grouping contracts in a single statement at least every three months. (Law 9/2017 (LCSP), as amended in 2020, Arts. 154(1)(4)(a)(d) and 347; Royal Decree-Law 3/2020)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. If foreseen in the tender specifications, the tenderer must identify the part of the contract they intend to subcontract, an explanation of its amount, and the name of the business profile, defined by reference to the conditions of professional or technical solvency of the subcontractor to carry out; it is mandatory to be registered in a party at the commencement of the contract begins; to the contracting body the intention to enter into a subcontracting arrangement, including the part of the contract that it proposes to subcontract and the identity of the contractor; LCSP does not expressly mention that information on subcontractors must be made public; it relies on indirect publication through contracting profiles and performance monitoring. (Law 9/2017 (LCSP), as amended in 2020, Arts. 215, 215(2)(b) and 228; Royal Decree-Law 3/2020)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 0%. Regardless of subcontractors' participation share, the prime contractor must inform the contracting body of all known subcontractors; no percentage threshold triggers or exempts disclosure. (Law 9/2017 (LCSP), as amended in 2020, Arts. 215 and 217)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless justified by the object of the contract, technical prescriptions will not refer to a specific manufacture or origin or to a specific procedure that characterises the products or services offered by a specific enterprise, where the use of this description may have the effect of favouring or eliminating certain enterprises or products; such indications shall be accompanied by "or equivalent" and contracting authorities must make a sufficiently clear and intelligible description of the needs to be met in specifications and criteria. (Law 9/2017 (LCSP), as amended in 2020, Art. 126)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. Green contract concepts apply as facilitating access to public contracts for SMEs; specifically, the LCSP establishes that access to public contracts will be facilitated for small and medium-sized businesses via free access to information on tenders; more specifically, contracting authorities are obliged to take into account the characteristics of SMEs when dividing contracts into lots (Art. 99.3 LCSP); the contracting authority must also explain why they conditions obstacles to the participation of SMEs; additionally, companies with disabilities are favoured in case of tied bids (Art. 147 LCSP). (Law 9/2017 (LCSP), as amended in 2020, Arts. 1(3), 35(2)(c)(d)(–47), 48(2) and 73(1)(2))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Principle of non-discrimination and equal legal treatment between bidders applies. (Law 9/2017 (LCSP), as amended in 2020, Arts. 1(1)(2)(3) and 110(1)(2)(3))
Is there a specific set of rules for green/sustainable procurement? Yes. the contracting body must take into account considerations as they relate to the environment, the technical prescriptions (on the basis of environmental management criteria), the award criteria and the special performance conditions, the maintenance or improvement of valued goods that may be affected by the execution of the contract, and the maintenance or improvement of natural heritage; an Integrated Pollution Prevention and Control act (Ley IPPC) applies; (Law 9/2017 (LCSP), as amended in 2020, Arts. 1(3), 69, 126(1)(e), 145(2)(a)(b) and 202; National Action Plan for GPP 2023–Dec. 2024)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Mandatory grounds for exclusion include: (1) final conviction for criminal association or organisation of groups; (2) corruption offences; (3) fraud; (4) terrorist offences; (5) money laundering or financing terrorism; (6) child labour; (7) failure to comply with obligations relating to the payment of compulsory charges or other amounts; (8) false statement in connection with the application; (9) acting as a contracting party for goods or services of a sanctioned country; additionally, discretionary exclusion grounds include: grave professional misconduct; anticompetitive agreements; significant deficiencies in prior contracts; distortion of competition; grave violation of environmental or social law; suspension of payments or insolvency; legal persons in administration; violations of professional regulations. (Law 9/2017 (LCSP), as amended in 2020, Arts. 71, 72 and 73; Law 24/2011 on Defence and Security, as amended in 2019)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. The contracting body may reject tenders at all stages of the procurement procedure after the expiry of the time limit for submission; when the contracting authority carries out a simplified procedure, it publishes an invitation to participate and publishes on the procurement portal; additionally: when the contracting authority detects that the justification cannot be established for a bid considered potentially abnormally low and the tenderer's price still falls under the price where it is a presumed that the justification cannot deliberately establish the low level of prices or costs; the contracting body may reject all tenders, subject to certain conditions. (Law 9/2017 (LCSP), as amended in 2020, Arts. 60(1), 84(2), 107(1) and 149)
Is scoring criteria published? Yes. Except in the case where the contracting administrative clauses document must specify the relative administrative clauses or the descriptive document must specify the relative weightings attributed to each of the evaluation criteria, which may be expressed by setting a range of values. (Law 9/2017 (LCSP), as amended in 2020, Arts. 32(1)(b) and 147)
Are decisions always made by a committee? No. The assessment of the criteria whose quantification depends on a value judgment will be carried out, in cases in which it proceeds (contracts above EU thresholds and works contracts above EUR 1,000,000), by a committee composed of appropriately qualified experts, with a minimum of three members, who may or may not belong to the contracting body; for contracts below those thresholds, a committee is not mandatory. (Law 9/2017 (LCSP), as amended in 2020, Arts. 150(2), 159(6) and 326(b))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The contracting authority must ensure the effective prevention, detection and elimination of conflict of interest; for these purposes, the concept of conflict of interest shall cover, at least, any situation in which personnel at the service of the contracting body, who also participate in the development of the procurement procedure or who may influence the outcome of the same, has a direct or indirect personal interest; committee composition must prevent distortion of competition and ensure equal treatment; additionally, the "Contrating Tables" (Mesas de Contratación) may include at least three members who are officials or employees of the contracting body; conflict-of-interest rules also apply to technical staff. (Law 9/2017 (LCSP), as amended in 2020, Arts. 64, 326(80)(83) and 339(1)(2))
Is some part of evaluation committee mandatorily independent of contracting authority? No. The law does not require that any portion of the evaluation committee be independent of the contracting authority; "Contracting Tables" (Mesas de Contratación) include officials and employees of the contracting body; additionally, a "Contracting Table" (Mesa de Contratación) is required at state level for procedures other than minor contracts and negotiated procedures without publication; however, none of the members must be independent of the contracting authority. (Law 9/2017 (LCSP), as amended in 2020, Arts. 326(2)(3) and 84(3)(4)(5))
Are scoring results publicly available? No. If a request for review is submitted in the public procurement procedure, the contracting authority shall publish the decision on award with the reasons for the success; otherwise, the contracting authority does not need to make scoring results publicly available except as part of the general transparency obligation to communicate results to tenderers; however, since 2021, the OCDS implementation and connected publication obligations have increased de facto public availability of award data including scoring. (Law 9/2017 (LCSP), as amended in 2020, Art. 58(1)(b); TACRC practice)
Does the law specify under which conditions the tender can be cancelled? Yes. The tender decision will not be based on the contract or the attribution of the procurement and agreements and resolutions may not be based in a framework agreement or specific contracts within the framework of a dynamic purchasing system; the contracting authority may cancel a procurement procedure and award no contract after the end of the bid submission period; the cancellation may be based on: (a) breach of applicable rules; (b) objectively justified reasons such as changed circumstances; the contracting authority must always justify the cancellation based on the procedure that guarantees the public interest; Candidates and becomers must always be notified of the cancellation and the decision must be published in the Official Journal of the European Union. (Law 9/2017 (LCSP), as amended in 2020, Arts. 152 and 160)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Public Sector Procurement Platform (Plataforma de Contratación del Sector Público – PLACE): https://contrataciondelestado.es and Official Gazette (BOE)/Official Autonomous Region Gazette (BOCA); OJEU/TED for above-EU-threshold procedures; the platform continuously publishes as an autonomous region. (Law 9/2017 (LCSP), as amended in 2020, Arts. 28 and Annex V; Royal Decree-Law 3/2020)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Public Sector Procurement Platform (PLACE) (https://contrataciondelestado.es) and additionally BOE/BOCA; contracting authority profile (perfil del contratante); OJEU/TED for above-threshold procedures; additionally, contracting authority as an autonomous region. (Law 9/2017 (LCSP), as amended in 2020, Arts. 28 and Annex V; Royal Decree-Law 3/2020)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Public Sector Procurement Platform (PLACE) (https://contrataciondelestado.es) and BOE/BOCA; OJEU/TED for above-threshold procedures; the platform continuously publishes as an autonomous region. (Law 9/2017 (LCSP), as amended in 2020, Arts. 28 and Annex V; Royal Decree-Law 3/2020)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. The minimum number of candidates for the restricted procedure is 5. (Law 9/2017 (LCSP), as amended in 2020, Art. 162(2))
What is the minimum number of bidders for negotiated procedures? 3. The minimum number of candidates invited for the negotiated procedure with prior publication is 3. (Law 9/2017 (LCSP), as amended in 2020, Art. 166(2))
What is the minimum number of bidders for competitive dialogue procedures? 3. The minimum number of participants for competitive dialogue is 3. (Law 9/2017 (LCSP), as amended in 2020, Art. 174(2))

Bidding period length

What are the minimum number of days for open procedures? 15. Below EU thresholds, the minimum number of days is 15 from the day of publication of the announcement of the procedure until the date of submission of the tender; for contracts above EU thresholds, the minimum number of days is 35 (or 30 if electronic submission); reduced to 15 in urgent cases; 40 days if no electronic access to documents. (Law 9/2017 (LCSP), as amended in 2020, Arts. 156(2)(8)(9); Royal Decree-Law 3/2020)
What are the minimum number of days for restricted procedures? 10. For contracts above EU thresholds, minimum of 30 days from date of invitation to tender (reduced to 10 days for urgent procedures, or 25 days if prior information notice published); minimum 30 days for the qualification stage (reduced to 15 in urgent cases). (Law 9/2017 (LCSP), as amended in 2020, Arts. 163(1) and 169(1))
What are the minimum number of days  for competitive negotiated procedures? 30. Standard minimum of 30 days for competitive negotiated procedures above EU thresholds; reduced to 10 days for urgent procedures; minimum 30 days for the initial qualification request stage. (Law 9/2017 (LCSP), as amended in 2020, Arts. 169(1) and 44(4)(8))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Main exceptions include: (1) specific contracts involving contracting entities operating in the field of public communications networks; (2) services arbitration or conciliation proceedings; (3) acquisition of financial instruments; (4) employment contracts; (5) R&D service contracts (except where the contracting authority pays for and enjoys the benefits); (6) contracts awarded by contracting authorities in the areas of air transport, water transport and public transport; (7) broadcasting contracts; (8) contracts awarded in accordance with international organisation procedures; (9) contracts in the field of defense and security that are determined by Law 24/2011; (10) Common Services of Administration, the Managing Entities and the Common Services of the State; a government agreement restricts certain entities; (11) in-house and inter-public authority contracts that fulfil specific criteria under Arts. 32 and 33 LCSP. (Law 9/2017 (LCSP), as amended in 2020, Arts. 4, 11 and 29; Royal Decree-Law 3/2020)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The following entities are considered to be part of the State: (a) all State bodies that is considered as the part of state sector; b) the main administrative bodies defined in the Law of Public Sector (Ley 40/2015 LRJSP); c) Administrative Bodies; d) Management Units and Entities; e) Autonomous Bodies Bodies; f) Management Utilities and Autonomous Bodies of Communities; g) Administrative Bodies of National Administration; h) Administrative Bodies of local government; i) other bodies governed by public law – legal persons established to meet general interest needs that are financed, controlled or with management appointed by contracting authorities; j) public sector foundations; k) public sector entities financed predominantly by the state; l) entities that form part of the public sector that are financed predominantly from public funds with certain objectives. (Law 9/2017 (LCSP), as amended in 2020, Art. 3; Royal Decree-Law 3/2020, Art. 9)
Does the law specify the main procedure types or procurement methods permitted? Yes. The contracting authority may use the following procedures for the award of a public contract: open procedure (procedimiento abierto); restricted procedure (procedimiento restringido); innovation partnership; negotiated procedure without prior publication; competitive dialogue; simplified procedure (procedimiento abierto simplificado); simplified abridged procedure ("procedimiento abreviado"); design contest; concession procedure; direct award and simplified procedure for minor contracts. (Law 9/2017 (LCSP), as amended in 2020, Arts. 39, 131 and 159; Royal Decree-Law 3/2020)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The Central Administrative Court for Contractual Matters (Tribunal Administrativo Central de Recursos Contractuales – TACRC) is the specialised first-instance review body competent to decide review claims in state-level public procurement; at regional (Autonomous Community) level, equivalent bodies exist (OARCs) for each Autonomous Community; Law No. 43 of 2011 on Arbitration does not directly apply as main remedies mechanism; TACRC decisions are directly enforceable; an appeal against TACRC decisions is available before the Audiencia Nacional; review claims for contracts with a value of less than EUR 100,000 (supply/services) or EUR 1,000,000 (works) are subject to simplified review. (Law 9/2017 (LCSP), as amended in 2020, Arts. 44, 48, 49(1)(2) and 51(1); Law 24/2011 on Defence and Security)
Is there a procurement regulatory body dedicated to public procurement? Yes. There is no autonomous body; the ministry responsible for public procurement shall ensure procurement in the State public sector regardless of whether the contracting entities operate at the state, regional or local level; when OIReScon detects particularly serious problems, it must inform the Office of the Republic of Slovenia for Budgetary Control, the Court of Audit, the National Audit Commission, and the Public Agency for Protection of Competition or the Commission; OIReScon (Oficina Independiente de Regulación y Supervisión de la Contratación) was created by LCSP as the independent supervisory body for public procurement in the state public sector. (Law 9/2017 (LCSP), as amended in 2020, Art. 328; Royal Decree-Law 3/2020)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. The law requires that the tender evaluation must be carried out by a committee with appropriate professional education or professional experience corresponding to the subject of the contract; the Second Additional Provision indicates that the committee of experts must have a minimum of three members; any expert participant in the process of preparation of the documentation of the contract in question and that, in any case, this will must include a specialised technical member, and a member of the legal services; they must have access to all documents and information; these professionals are not specifically regulated through a separate professional register or association. (Law 9/2017 (LCSP), as amended in 2020, Arts. 150(2) and 339; Embassy Act (Ley 2/1974))
Is disclosure of final, beneficial owners required for placing a bid? No. The filing of the appeal against a matter of contracting ("Recurso especial en materia de contratación") will be optional and has no fee for this; the contracting authority procedure will be guided by the Official Registry of Bidders and Classified Companies of the Public Sector (ROLECE) or equivalent Autonomous Community registries, but beneficial ownership registration is not a prerequisite for contract conclusion. (Law 9/2017 (LCSP), as amended in 2020, Art. 138(1)(1))

Complaints

Is there a fee for arbitration procedure? No. The filing of a review claim before TACRC (or the equivalent regional body) is free of charge for contracts for public supply and service contracts or design contests below EUR 4,000 for contracts awarded under a prior qualification procedure, a restricted procedure, a negotiated procedure with prior publication, a competitive dialogue, an innovation partnership or a competitive procedure with negotiation – there is no filing fee; however, there is a disproportionate fee for some procedures. (Law 9/2017 (LCSP), as amended in 2020, Art. 71)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. When a request for review is submitted in the public procurement procedure, the contracting authority may not conclude contracts; a decision on a framework agreement or specific contracts within the framework of a dynamic purchasing system may be issued on a framework agreement or specific contracts; the review claim automatically suspends the procurement procedure from the date of filing until TACRC or the equivalent regional body decides; the suspension period continues until the deadline referred to in the previous sentence. (Law 9/2017 (LCSP), as amended in 2020, Arts. 50(1) and 57(1); Law 24/2011, as amended in 2019)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 20. In proceedings on the review of the actions of the inspected, it has the obligation to resolve consideration; it must receive and complete the request and the entire documentation; in justified cases, the National Audit Commission shall decide within 20 working days from the date of receipt of the complete documentation; in justified cases, the deadline may be extended to 20 business days; additionally, TACRC may order provisional measures that the interested parties may have requested, as soon as the allegations of the interested parties have been received, or after the time limit for filing allegations has passed, to be no later than 5 days from the date of filing of the claims. (Law 9/2017 (LCSP), as amended in 2020, Arts. 56(2)(c) and 57(3))
Is there a requirement to publicly release arbitration court decisions ? No. The decisions by the delegations of the Administrative Court are sent to the contracting authority, the applicant and the ministry responsible for public procurement; the decision is also sent to the selected tenderer and is announced at the contracting authority's profile; the Commission further publishes its decisions on: http://www.hacienda.gob.es/TACRC/; however, the TACRC does not have a statutory obligation to publish all decisions – it publishes selectively on its website. (Law 9/2017 (LCSP), as amended in 2020, Arts. 40 and 59(1))

Legislation

Law 2/1974 on Professional Associations (Spanish)pdf
Law 24/2011 on public sector contracts in the fields of defence and security (Spanish)pdf
Law 60/2003 on Arbitration (Spanish)pdf
Law 9/2017 on Public Sector Contracts (LCSP) (Spanish)pdf
Royal Decree-Law 3/2020 on measures to transpose EU directives in the fields of public procurement, insurance and pension plans (Spanish)pdf

*Last update: 2017

Anti Money Laundering

Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach0
Sanctions for natural persons100
Sanctions for legal persons100
Pecuniary sanctions for obliged entities60
Beneficial ownership of legal persons and legal arrangements71
Supervision of obliged entities100
Financial Intelligence Units (FIUs)100
Mutual legal assistance (MLA) and International Cooperation100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. No. Absent from legal framework (Absent from legal framework)
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. No. Absent from legal framework (Absent from legal framework)
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. No. Absent from legal framework (Absent from legal framework)

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. 1. Anyone who acquires, possesses, uses, converts, or transfers property, knowing that it originates from criminal activity committed by themselves or by any third party, or who performs any other act to conceal or disguise its illicit origin, or to help a person who participated in the offense or offenses to evade the legal consequences of their actions, shall be punished with imprisonment for six months to six years and a fine of one to three times the value of the property. In these cases, the judges or courts, taking into account the seriousness of the act and the personal circumstances of the offender, may also impose on the offender the penalty of special disqualification from practicing their profession or trade for a period of one to three years, and order the temporary or permanent closure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. The penalty will be imposed in its upper half when the assets originate from any of the crimes related to trafficking in toxic drugs, narcotics, or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions contained in Article 374 of this Code will apply. The penalty will also be imposed in its upper half when the assets originate from any of the crimes included in title VII bis, chapter V of title VIII, section 4 of chapter XI of title XIII, title XV bis, chapter I of title XVI or chapters V, VI, VII, VIII, IX and X of title XIX. 2. The same penalties will be applied, as appropriate, to the concealment or cover-up of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from one of the crimes expressed in the previous section or from an act of participation in them. (Article 301, Criminal Code of Spain)
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; Yes. 1. Anyone who acquires, possesses, uses, converts, or transfers property, knowing that it originates from criminal activity committed by themselves or by any third party, or who performs any other act to conceal or disguise its illicit origin, or to help a person who participated in the offense or offenses to evade the legal consequences of their actions, shall be punished with imprisonment for six months to six years and a fine of one to three times the value of the property. In these cases, the judges or courts, taking into account the seriousness of the act and the personal circumstances of the offender, may also impose on the offender the penalty of special disqualification from practicing their profession or trade for a period of one to three years, and order the temporary or permanent closure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. The penalty will be imposed in its upper half when the assets originate from any of the crimes related to trafficking in toxic drugs, narcotics, or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions contained in Article 374 of this Code will apply. The penalty will also be imposed in its upper half when the assets originate from any of the crimes included in title VII bis, chapter V of title VIII, section 4 of chapter XI of title XIII, title XV bis, chapter I of title XVI or chapters V, VI, VII, VIII, IX and X of title XIX. 2. The same penalties will be applied, as appropriate, to the concealment or cover-up of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from one of the crimes expressed in the previous section or from an act of participation in them. (Article 301, Criminal Code of Spain)
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. Yes. 1. Anyone who acquires, possesses, uses, converts, or transfers property, knowing that it originates from criminal activity committed by themselves or by any third party, or who performs any other act to conceal or disguise its illicit origin, or to help a person who participated in the offense or offenses to evade the legal consequences of their actions, shall be punished with imprisonment for six months to six years and a fine of one to three times the value of the property. In these cases, the judges or courts, taking into account the seriousness of the act and the personal circumstances of the offender, may also impose on the offender the penalty of special disqualification from practicing their profession or trade for a period of one to three years, and order the temporary or permanent closure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. The penalty will be imposed in its upper half when the assets originate from any of the crimes related to trafficking in toxic drugs, narcotics, or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions contained in Article 374 of this Code will apply. The penalty will also be imposed in its upper half when the assets originate from any of the crimes included in title VII bis, chapter V of title VIII, section 4 of chapter XI of title XIII, title XV bis, chapter I of title XVI or chapters V, VI, VII, VIII, IX and X of title XIX. 2. The same penalties will be applied, as appropriate, to the concealment or cover-up of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from one of the crimes expressed in the previous section or from an act of participation in them. (Article 301, Criminal Code of Spain)
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. Provocation, conspiracy and proposal to commit the crimes provided for in articles 301 to 303 shall be punished, respectively, with a penalty lower by one or two degrees. (Article 304, Criminal Code of Spain)
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. 1. Anyone who acquires, possesses, uses, converts, or transfers property, knowing that it originates from criminal activity committed by themselves or by any third party, or who performs any other act to conceal or disguise its illicit origin, or to help a person who participated in the offense or offenses to evade the legal consequences of their actions, shall be punished with imprisonment for six months to six years and a fine of one to three times the value of the property. In these cases, the judges or courts, taking into account the seriousness of the act and the personal circumstances of the offender, may also impose on the offender the penalty of special disqualification from practicing their profession or trade for a period of one to three years, and order the temporary or permanent closure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. The penalty will be imposed in its upper half when the assets originate from any of the crimes related to trafficking in toxic drugs, narcotics, or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions contained in Article 374 of this Code will apply. The penalty will also be imposed in its upper half when the assets originate from any of the crimes included in title VII bis, chapter V of title VIII, section 4 of chapter XI of title XIII, title XV bis, chapter I of title XVI or chapters V, VI, VII, VIII, IX and X of title XIX. 2. The same penalties will be applied, as appropriate, to the concealment or cover-up of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from one of the crimes expressed in the previous section or from an act of participation in them. (Article 301, Criminal Code of Spain)
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences Yes. 1. Anyone who acquires, possesses, uses, converts, or transfers property, knowing that it originates from criminal activity committed by themselves or by any third party, or who performs any other act to conceal or disguise its illicit origin, or to help a person who participated in the offense or offenses to evade the legal consequences of their actions, shall be punished with imprisonment for six months to six years and a fine of one to three times the value of the property. In these cases, the judges or courts, taking into account the seriousness of the act and the personal circumstances of the offender, may also impose on the offender the penalty of special disqualification from practicing their profession or trade for a period of one to three years, and order the temporary or permanent closure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. The penalty will be imposed in its upper half when the assets originate from any of the crimes related to trafficking in toxic drugs, narcotics, or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions contained in Article 374 of this Code will apply. The penalty will also be imposed in its upper half when the assets originate from any of the crimes included in title VII bis, chapter V of title VIII, section 4 of chapter XI of title XIII, title XV bis, chapter I of title XVI or chapters V, VI, VII, VIII, IX and X of title XIX. 2. The same penalties will be applied, as appropriate, to the concealment or cover-up of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from one of the crimes expressed in the previous section or from an act of participation in them. (Article 301, Criminal Code of Spain)
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; Yes. 1. Anyone who acquires, possesses, uses, converts, or transfers property, knowing that it originates from criminal activity committed by themselves or by any third party, or who performs any other act to conceal or disguise its illicit origin, or to help a person who participated in the offense or offenses to evade the legal consequences of their actions, shall be punished with imprisonment for six months to six years and a fine of one to three times the value of the property. In these cases, the judges or courts, taking into account the seriousness of the act and the personal circumstances of the offender, may also impose on the offender the penalty of special disqualification from practicing their profession or trade for a period of one to three years, and order the temporary or permanent closure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. The penalty will be imposed in its upper half when the assets originate from any of the crimes related to trafficking in toxic drugs, narcotics, or psychotropic substances described in Articles 368 to 372 of this Code. In these cases, the provisions contained in Article 374 of this Code will apply. The penalty will also be imposed in its upper half when the assets originate from any of the crimes included in title VII bis, chapter V of title VIII, section 4 of chapter XI of title XIII, title XV bis, chapter I of title XVI or chapters V, VI, VII, VIII, IX and X of title XIX. 2. The same penalties will be applied, as appropriate, to the concealment or cover-up of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from one of the crimes expressed in the previous section or from an act of participation in them. (Article 301, Criminal Code of Spain)

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. Yes. 1. In the cases provided for in this Code, legal persons shall be criminally liable: a) Of the crimes committed in the name or on behalf of them, and for their direct or indirect benefit, by their legal representatives or by those who, acting individually or as members of a body of the legal entity, are authorized to make decisions on behalf of the legal entity or hold powers of organization and control within it. b) Of the crimes committed, in the exercise of social activities and on behalf of and for the direct or indirect benefit of the same, by those who, being subject to the authority of the natural persons mentioned in the previous paragraph, have been able to carry out the acts because of the serious breach by them of the duties of supervision, monitoring and control of their activity given the specific circumstances of the case. (Article 31b, Criminal Code of Spain)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. Yes. 1. In the cases provided for in this Code, legal persons shall be criminally liable: a) Of the crimes committed in the name or on behalf of them, and for their direct or indirect benefit, by their legal representatives or by those who, acting individually or as members of a body of the legal entity, are authorized to make decisions on behalf of the legal entity or hold powers of organization and control within it. b) Of the crimes committed, in the exercise of social activities and on behalf of and for the direct or indirect benefit of the same, by those who, being subject to the authority of the natural persons mentioned in the previous paragraph, have been able to carry out the acts because of the serious breach by them of the duties of supervision, monitoring and control of their activity given the specific circumstances of the case. (Article 31b, Criminal Code of Spain)
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. 7. The penalties applicable to legal entities, all of which are considered serious, are as follows: a) Fine by quotas or proportional. b) Dissolution of the legal entity. Dissolution will result in the definitive loss of its legal personality, as well as its capacity to act in any way in legal transactions, or to carry out any kind of activity, even if lawful. c) Suspension of its activities for a period that may not exceed five years. d) Closure of its premises and establishments for a period that may not exceed five years. e) Prohibition from engaging in the future in the activities through which the crime was committed, facilitated, or concealed. This prohibition may be temporary or permanent. If temporary, the period may not exceed fifteen years. f) Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying tax or social security benefits and incentives, for a period that may not exceed fifteen years. g) Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, which may not exceed five years. The intervention may affect the entire organization or be limited to some of its facilities, sections, or business units. The Judge or Court, in the judgment or subsequently by court order, will determine the exact scope of the intervention and who will be in charge of it, as well as the deadlines for submitting progress reports to the court. The intervention may be modified or suspended at any time after receiving a report from the intervenor and the Public Prosecutor. The intervenor will have the right to access all the facilities and premises of the company or legal entity and to receive all the information deemed necessary for the performance of their duties. Regulations will determine aspects related to the exercise of the intervenor's role, such as remuneration and required qualifications. (Article 33.7, Criminal Code of Spain)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. Yes. 7. The penalties applicable to legal entities, all of which are considered serious, are as follows: a) Fine by quotas or proportional. b) Dissolution of the legal entity. Dissolution will result in the definitive loss of its legal personality, as well as its capacity to act in any way in legal transactions, or to carry out any kind of activity, even if lawful. c) Suspension of its activities for a period that may not exceed five years. d) Closure of its premises and establishments for a period that may not exceed five years. e) Prohibition from engaging in the future in the activities through which the crime was committed, facilitated, or concealed. This prohibition may be temporary or permanent. If temporary, the period may not exceed fifteen years. f) Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying tax or social security benefits and incentives, for a period that may not exceed fifteen years. g) Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, which may not exceed five years. The intervention may affect the entire organization or be limited to some of its facilities, sections, or business units. The Judge or Court, in the judgment or subsequently by court order, will determine the exact scope of the intervention and who will be in charge of it, as well as the deadlines for submitting progress reports to the court. The intervention may be modified or suspended at any time after receiving a report from the intervenor and the Public Prosecutor. The intervenor will have the right to access all the facilities and premises of the company or legal entity and to receive all the information deemed necessary for the performance of their duties. Regulations will determine aspects related to the exercise of the intervenor's role, such as remuneration and required qualifications. (Article 33.7, Criminal Code of Spain)

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. Article 51 and 52 regulate the pecuniary sanctions for offenses commited by legal persons and obliged entities. (Article 51 and 52 of Law no. 10/2010)
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). Yes. Article 51 and 52 regulate the pecuniary sanctions for offenses commited by legal persons and obliged entities. (Article 51 and 52 of Law no. 10/2010)
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. No. The supervisory bodies have to report to the Secretariat of the Comission, which, in turn, can apply sanctions: Article 61. Sanctioning procedure and precautionary measures. Article 47 5. The Commission's Executive Service, or the supervisory bodies referred to in Article 44, shall submit the corresponding inspection report to the Commission's Secretariat, which shall propose appropriate action to the Standing Committee. Likewise, the Commission's Executive Service, or the supervisory bodies referred to in Article 44, may propose to the Standing Committee the adoption of requirements urging the obliged entity to adopt the corrective measures deemed necessary./// 1. The initiation and, where appropriate, the dismissal of the sanctioning procedures that may be necessary for the commission of the infringements provided for in this Law shall be the responsibility of the Standing Committee, on the proposal of the Secretariat of the Commission. The authority to initiate or agree to the dismissal of sanctioning procedures for non-compliance with the declaration obligation established in Article 34 shall correspond to the Secretariat of the Commission. (Article 47.5 and 61 of Law no. 10/2010)
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. Absent from legal framework (Absent from legal framework)
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. Yes. 5. The execution of final administrative sanctioning resolutions will be the responsibility of the Commission Secretariat. Once the sanction of public reprimand becomes final through administrative channels, it will be carried out as established in the resolution and will in any case be published in the Official State Gazette and on the Commission's website, where it will remain available for a period of five years. If the published sanction has been appealed through the courts, information on the status of the appeal and its outcome will be published without delay. 6. In cases where the resolution of the disciplinary proceedings does not result in a public reprimand, the Commission Secretariat shall publish on the Commission's website the final administrative sanctions imposed for the commission of infringements classified in Articles 51 and 52, with the exception of those classified in paragraph 3(a), indicating the type and nature of the infringement committed and the sanction or sanctions imposed for each infringement, but without identifying the entity, person, or persons responsible for the infringement. This information shall remain available on the Commission's website for a period of five years. (Article 61.5 of Law no. 10/2010)

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Yes. 1. By Royal Decree, the Register of Beneficial Ownership shall be created within the Ministry of Justice. This central and sole register throughout the national territory shall contain the information referred to in Articles 4, 4 bis, and 4 ter, relating to all Spanish legal entities and entities or structures without legal personality that have their registered office or principal activity in Spain, or that are administered or managed by natural or legal persons resident or established in Spain. Natural persons whose personal data is held in the register as beneficial owners must be informed accordingly, in accordance with current legislation on the protection of personal data (Third Additional Provision of Law no. 10/2010)
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. Yes. "4. In the event of any discrepancy between the data provided by the registers and databases referred to in Article 1.3 of these Regulations, the Central Register of Beneficial Ownership shall inform the register from which the data originates of the existence of contradictions or discrepancies, without prejudice to the obligation of the interested party to keep the data up to date. The register of origin of the data shall notify the legal entity subject to the obligation to declare its beneficial ownership of the existence of the contradiction or discrepancy and require it to ratify, within ten days of the request, the beneficial ownership data recorded in that register or, if different, to submit a new declaration identifying the beneficial ownership. If a new declaration identifying the beneficial ownership is submitted, the register of origin shall update the information held therein. Should the legal entity fail to respond to the request within the specified timeframe, the originating registry will notify the Central Registry of Beneficial Ownership so that a specific entry may be made in the Central Registry, and will resolve this lack of information by providing the verified data. If the resolution of the discrepancy yields data different from that originally reported, the new data will be communicated to the interested party. The originating registries involved must provide the necessary assistance to the Central Registry of Beneficial Ownership. Once the registry of origin of the data is informed of the existence of contradictions or discrepancies, the Central Registry will take the appropriate measures to include in the Central Registry in the meantime a specific entry, which will only be accessible by authorities, as well as notaries and registrars and their centralized prevention bodies." (Article 3.4. of Royal Decree no. 609/2023)
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. Yes. 3. The information shall be kept and updated for the duration of the existence of legal entities or entities or structures without legal personality, and shall be retained for a period of 10 years after their dissolution. In the cases provided for in paragraph 2, the information shall be kept and updated for the duration of the business relationship or ownership of the real estate, and shall be retained for a period of 10 years after the termination of the business relationship, the sale of the real estate, or the end of the occasional transaction. 4. The Register of Beneficial Ownership will be managed by the Ministry of Justice, which, in addition to the data collected directly, will centralize the beneficial ownership information available in the Registers of Foundations, Associations, Commercial and other registers that may collect information on registered entities, as well as that obtained by the General Council of Notaries. (Third Additional Provision of Law no. 10/2010)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. No. Absent from legal framework (Absent from legal framework)
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. Yes. 3. The information shall be kept and updated for the duration of the existence of legal entities or entities or structures without legal personality, and shall be retained for a period of 10 years after their dissolution. In the cases provided for in paragraph 2, the information shall be kept and updated for the duration of the business relationship or ownership of the real estate, and shall be retained for a period of 10 years after the termination of the business relationship, the sale of the real estate, or the end of the occasional transaction. 4. The Register of Beneficial Ownership will be managed by the Ministry of Justice, which, in addition to the data collected directly, will centralize the beneficial ownership information available in the Registers of Foundations, Associations, Commercial and other registers that may collect information on registered entities, as well as that obtained by the General Council of Notaries. (Third Additional Provision of Law no. 10/2010)
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. Yes. 4. In the event of any discrepancy between the data provided by the registers and databases referred to in Article 1.3 of these Regulations, the Central Register of Beneficial Ownership shall inform the register from which the data originates of the existence of contradictions or discrepancies, without prejudice to the obligation of the interested party to keep the data up to date. The register of origin of the data shall notify the legal entity subject to the obligation to declare its beneficial ownership of the existence of the contradiction or discrepancy and require it to ratify, within ten days of the request, the beneficial ownership data recorded in that register or, if different, to submit a new declaration identifying the beneficial ownership. If a new declaration identifying the beneficial ownership is submitted, the register of origin shall update the information held therein. Should the legal entity fail to respond to the request within the specified timeframe, the originating registry will notify the Central Registry of Beneficial Ownership so that a specific entry may be made in the Central Registry, and will resolve this lack of information by providing the verified data. If the resolution of the discrepancy yields data different from that originally reported, the new data will be communicated to the interested party. The originating registries involved must provide the necessary assistance to the Central Registry of Beneficial Ownership. Once the registry of origin of the data is informed of the existence of contradictions or discrepancies, the Central Registry will take the appropriate measures to include in the Central Registry in the meantime a specific entry, which will only be accessible by authorities, as well as notaries and registrars and their centralized prevention bodies. (Article 3.4. of Royal Decree no. 609/2023)
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. Yes. 7. Failure to comply with the obligation to identify and inform the Central Register of Beneficial Ownership, as well as with those other obligations provided for in the Royal Decree creating said Register for legal persons, trusts and entities or structures without legal personality will give rise to an administrative offense. The Ministry of Justice will be responsible for determining the severity of each of the infractions, determining the possible sanctions to be imposed in relation to each infraction, establishing the sanctioning procedure and the competence for the exercise of the sanctioning power derived from non-compliance with the provisions of the previous paragraph. (Third Additional Provision of Law no. 10/2010)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. Yes. 1. The Ministry of Justice shall be responsible for guaranteeing and controlling access to the information contained in the Register of Beneficial Ownership under the conditions established by law and those determined by regulation. This information shall be accessible, free of charge and without restriction, to the authorities with jurisdiction in the prevention and suppression of the crimes of financing terrorism, money laundering, and their predicate offenses: the Public Prosecutor's Office, the courts, the Security Forces and Corps, the National Intelligence Center, the Commission for the Prevention of Money Laundering and Monetary Offenses and its support bodies, the supervisory bodies in the event of an agreement, the Asset Recovery and Management Office, the State Tax Administration Agency, the Foundation Protectorate, and any other authorities determined by regulation. All these authorities, as well as notaries and registrars, may access not only the current information on the beneficial ownership of the person or entity, but also any historical data that has been recorded. (Fourth Additional Provision of Law no. 10/2010)
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. Yes. 2. The subjects obliged by Law 10/2010, of April 28 , will have access to the current information contained in the Register and will obtain proof of the registration or an extract thereof for the fulfillment of their obligations regarding the identification of the beneficial owner. Obligated parties shall not rely solely on the information contained in the register, and shall carry out additional checks, except in cases of business relationships or clients subject to simplified due diligence measures and provided that the information obtained is reasonably satisfactory and does not give rise to suspicion. (Fourth Additional Provision of Law no. 10/2010)
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. Yes. 3. Persons or organizations not included in the previous sections who can demonstrate a legitimate interest in knowing them may access exclusively the data consisting of the name and surnames, month and year of birth, country of residence and nationality of the current beneficial owners of a legal person or entity or structure without legal personality, as well as the nature of that beneficial ownership, in particular, the data of whether it is due to the control of the property or to the management body thereof (Fourth Additional Provision of Law no. 10/2010)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. 3. In addition to the above, any person or organization that can demonstrate a legitimate interest in knowing it may access information relating to the beneficial ownership of entities, although they may only access data consisting of the name and surnames, month and year of birth, country of residence and nationality of the current beneficial owners of a legal person, or entity or structure without legal personality such as trusts and entities or structures without legal personality analogous to trusts, as well as the nature of that beneficial ownership, in particular, the data of whether it is due to the control of the property or to the management body thereof. Legitimate interest in accessing information regarding beneficial ownership will be presumed when the request is made by media outlets or civil society organizations involved in the prevention and fight against money laundering and terrorist financing. To this end, these media outlets or organizations must submit an initial application to the Central Register of Beneficial Owners, providing proof of their status. Once this has been verified by the Register's registrar, they may designate up to three individuals who can access the Central Register of Beneficial Owners on their behalf. They may make any necessary changes to these designations, always within the limit of three designated individuals. Likewise, legitimate interest will be presumed to be proven when it concerns the legal entity itself, trust or similar entity in relation to which the consultation is made, or one of the natural persons who appears as the beneficial owner of the entity itself in the Central Register of Beneficial Owners. (Article 5.4. of Royal Decree no. 609/2023)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. 3. In addition to the above, any person or organization that can demonstrate a legitimate interest in knowing it may access information relating to the beneficial ownership of entities, although they may only access data consisting of the name and surnames, month and year of birth, country of residence and nationality of the current beneficial owners of a legal person, or entity or structure without legal personality such as trusts and entities or structures without legal personality analogous to trusts, as well as the nature of that beneficial ownership, in particular, the data of whether it is due to the control of the property or to the management body thereof. Legitimate interest in accessing information regarding beneficial ownership will be presumed when the request is made by media outlets or civil society organizations involved in the prevention and fight against money laundering and terrorist financing. To this end, these media outlets or organizations must submit an initial application to the Central Register of Beneficial Owners, providing proof of their status. Once this has been verified by the Register's registrar, they may designate up to three individuals who can access the Central Register of Beneficial Owners on their behalf. They may make any necessary changes to these designations, always within the limit of three designated individuals. Likewise, legitimate interest will be presumed to be proven when it concerns the legal entity itself, trust or similar entity in relation to which the consultation is made, or one of the natural persons who appears as the beneficial owner of the entity itself in the Central Register of Beneficial Owners. (Article 5.4. of Royal Decree no. 609/2023)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; Yes. 3. In addition to the above, any person or organization that can demonstrate a legitimate interest in knowing it may access information relating to the beneficial ownership of entities, although they may only access data consisting of the name and surnames, month and year of birth, country of residence and nationality of the current beneficial owners of a legal person, or entity or structure without legal personality such as trusts and entities or structures without legal personality analogous to trusts, as well as the nature of that beneficial ownership, in particular, the data of whether it is due to the control of the property or to the management body thereof. Legitimate interest in accessing information regarding beneficial ownership will be presumed when the request is made by media outlets or civil society organizations involved in the prevention and fight against money laundering and terrorist financing. To this end, these media outlets or organizations must submit an initial application to the Central Register of Beneficial Owners, providing proof of their status. Once this has been verified by the Register's registrar, they may designate up to three individuals who can access the Central Register of Beneficial Owners on their behalf. They may make any necessary changes to these designations, always within the limit of three designated individuals. Likewise, legitimate interest will be presumed to be proven when it concerns the legal entity itself, trust or similar entity in relation to which the consultation is made, or one of the natural persons who appears as the beneficial owner of the entity itself in the Central Register of Beneficial Owners. (Article 5.4. of Royal Decree no. 609/2023)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; Yes. 8. Likewise, the information contained in the Central Register of Beneficial Ownership shall be accessible, free of charge and without restriction, solely for the development of their specific missions, to the national authorities and bodies that manage, verify, pay or audit European Funds, and whose functions are determined in a Community Regulation in which it is established that the information on the beneficial owners of the beneficiary of the funds can be fulfilled using the data stored in the registers referred to in Article 30 of Directive (EU) 2015/849 , in the case of Spain, the Central Register of Beneficial Ownership. Also, the information contained in the Central Register of Beneficial Ownership will be accessible, free of charge and without restriction, in addition to what is established in the first section of this article, to the State Tax Administration Agency, for the systematic analysis of the risk of conflict of interest in the procedures that execute European funds under the terms established in the corresponding regulations, as well as to those national authorities and bodies that control and audit European funds, all under the protection of article 22.2 d) of Regulation (EU) 2021/241 of the European Parliament and of the Council, of 12 February 2021 , establishing the Recovery and Resilience Facility, and the one hundred and twelfth additional provision of Law 31/2022, of 23 December , on the General State Budget for the year 2023. (Article 5.8. of Royal Decree no. 609/2023)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Absent from legal framework (Absent from legal framework)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. No. Absent from legal framework (Absent from legal framework)
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. No. Absent from legal framework (Absent from legal framework)
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. Yes. The only condition to access is proving a legitimate interest (Fourth Additional Provision of Law no. 10/2010)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. Yes. 5. When access to information could expose the beneficial owner to a disproportionate risk, or to a risk of fraud, kidnapping, extortion, harassment, violence, or intimidation, or other risks of similar severity, or if the beneficial owner is a minor or a person with limited capacity or subject to special protection measures, the Beneficial Ownership Register may deny access to the information. Access may not be denied on these grounds to the authorities and entities referred to in paragraph 1, nor to obliged entities requesting access for the purpose of fulfilling their obligations to identify the beneficial owner. The Director General for Legal Security and Public Faith will be in charge of the Registry. Decisions by the Director General denying access may be appealed to the superior authority to which they report, whose decisions will exhaust all administrative remedies. (Fourth Additional Provision of Law no. 10/2010)

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. 1. The Executive Service of the Commission will supervise compliance with the obligations established in this law, adjusting its actions, with respect to financial entities, to the agreements signed under article 44. The supervision may be extended to those subjects who have been granted an exemption in accordance with the provisions of Article 2.3 of this law, for the purpose of determining that such exemptions have not been used abusively. In any case, the Commission's Executive Service may carry out, with respect to any obliged entities, either individually or as part of their groups, the inspections necessary to verify compliance with the obligations related to its assigned functions. In the case of groups that include subsidiaries and branches abroad, the Commission's Executive Service may supervise the suitability of the policies and procedures applied by the parent company to its subsidiaries and branches. (Article 47.1. of Law no. 10/2010)

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. 1. The promotion and coordination of the execution of this Law shall be the responsibility of the Commission for the Prevention of Money Laundering and Monetary Offences, under the State Secretariat for the Economy (Article 44.1 of Law no. 10/2010)
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. 1. The Commission's Executive Service shall analyze the information received from obliged entities or other sources, submitting, in a timely manner, if it finds evidence or certainty of money laundering, related underlying offenses, or terrorist financing, or at the request of the competent authorities, the corresponding financial intelligence report to the Public Prosecutor's Office or the competent judicial, police, or administrative bodies. In exercising its financial intelligence functions, it shall be operationally independent and autonomous, with the authority and capacity to perform its functions freely, and may independently decide to analyze, request, and transmit specific information. The information and documentation held by the Commission's Executive Service and financial intelligence reports shall be confidential, and all authorities and officials who access their content must maintain secrecy. In particular, the identities of analysts who participated in preparing the financial intelligence reports, as well as those of employees, managers, or agents who reported the existence of suspicious activity to the internal control bodies of the obligated entity, shall under no circumstances be disclosed. Financial intelligence reports will not have probative value and may not be directly incorporated into judicial or administrative proceedings. (Article 46.1. of Law no. 10/2010)
The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. Yes. 2. The bodies receiving financial intelligence reports shall periodically inform the Commission's Executive Service about their use. The Commission for the Prevention of Money Laundering and Monetary Offences may agree with the receiving bodies on a procedure for assessing financial intelligence reports. The Commission's Executive Service may inform the obligated parties regarding the handling of communications. The information provided by the Commission's Executive Service to the obligated parties will be confidential, and recipients must maintain due secrecy. The Commission's Executive Service will assess the quality of the communications made in accordance with Article 18, periodically notifying the management or governing bodies of the obliged entities of this assessment. (Article 46.2. of Law no. 10/2010)
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. Yes. In exercising its financial intelligence functions, it shall be operationally independent and autonomous, with the authority and capacity to perform its functions freely, and may independently decide to analyze, request, and transmit specific information. (Article 46.1. of Law no. 10/2010)
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. 4. The obliged parties, their employees, directors and agents, shall provide the maximum cooperation to the staff of the Executive Service of the Commission, facilitating without any restriction all the information or documentation required of them, including books, accounting records, registers, computer programs, files on magnetic media, internal communications, minutes, official declarations, and any others related to the matters subject to inspection. (Article 47.4 of Law no. 10/2010)
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. 6. At the request of the Financial Intelligence Unit of another Member State of the European Union, the Commission's Executive Service shall be empowered to suspend an ongoing transaction when there are indications of money laundering or terrorist financing, so that the requesting Financial Intelligence Unit may analyze the transaction, confirm the suspicion, and communicate the results of the analysis to the competent authorities . In cases of suspension due to indications of terrorist financing, the Executive Service shall inform the Secretariat of the Commission for the Supervision of Terrorist Financing Activities, provided that the requesting Financial Intelligence Unit has given prior authorization. (Article 48b.6 of Law no. 10/2010)

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. 1. The Commission Secretariat, the Commission's Executive Service, or, in the event of an agreement, the Bank of Spain, the National Securities Market Commission, and the Directorate General of Insurance and Pension Funds, shall cooperate, on their own initiative or upon request, in a timely manner and free of charge, with other competent authorities of the European Union whenever necessary to carry out the functions established in this Law, making use, for this purpose, of all the powers conferred upon them by it and without imposing unduly restrictive conditions. Within the framework of this cooperation, the European Banking Authority shall be provided with the information necessary to enable it to fulfill its obligations regarding the prevention of money laundering and terrorist financing. This exchange of information shall be subject to the duty of professional secrecy provided for in Article 49.1 of the Law. 2. In the case of competent authorities of third countries not members of the European Union, cooperation and exchange of information will be subject to the provisions of International Conventions and Treaties or, where appropriate, to the general principle of reciprocity, as well as the subjection of said foreign authorities to the same professional secrecy obligations that govern Spanish authorities. 3. The exchange of information between the Commission's Executive Service and Financial Intelligence Units of Member States of the European Union shall be carried out in accordance with the provisions of Articles 51 to 57 of Directive 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing. 4. The exchange of information between the Commission's Executive Service and Financial Intelligence Units of third countries not members of the European Union shall be carried out in accordance with the Egmont Group principles or under the terms of the corresponding memorandum of understanding. Memoranda of understanding with Financial Intelligence Units shall be signed by the Director of the Executive Service, subject to prior authorization from the Commission for the Prevention of Money Laundering and Monetary Offences, and must have the prior favorable report of the Spanish Data Protection Agency. 5. The Commission Secretariat, the Commission Executive Service, or the supervisory bodies referred to in Article 44 may use the information received only for the purposes for which the disclosing authorities have given their consent. This information shall not be transmitted to other bodies or natural or legal persons without the express consent of the competent authorities that disclosed it. (Article 48b of Law no. 10/2010)
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. 1. The Commission Secretariat, the Commission's Executive Service, or, in the event of an agreement, the Bank of Spain, the National Securities Market Commission, and the Directorate General of Insurance and Pension Funds, shall cooperate, on their own initiative or upon request, in a timely manner and free of charge, with other competent authorities of the European Union whenever necessary to carry out the functions established in this Law, making use, for this purpose, of all the powers conferred upon them by it and without imposing unduly restrictive conditions. Within the framework of this cooperation, the European Banking Authority shall be provided with the information necessary to enable it to fulfill its obligations regarding the prevention of money laundering and terrorist financing. This exchange of information shall be subject to the duty of professional secrecy provided for in Article 49.1 of the Law. 2. In the case of competent authorities of third countries not members of the European Union, cooperation and exchange of information will be subject to the provisions of International Conventions and Treaties or, where appropriate, to the general principle of reciprocity, as well as the subjection of said foreign authorities to the same professional secrecy obligations that govern Spanish authorities. 3. The exchange of information between the Commission's Executive Service and Financial Intelligence Units of Member States of the European Union shall be carried out in accordance with the provisions of Articles 51 to 57 of Directive 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing. 4. The exchange of information between the Commission's Executive Service and Financial Intelligence Units of third countries not members of the European Union shall be carried out in accordance with the Egmont Group principles or under the terms of the corresponding memorandum of understanding. Memoranda of understanding with Financial Intelligence Units shall be signed by the Director of the Executive Service, subject to prior authorization from the Commission for the Prevention of Money Laundering and Monetary Offences, and must have the prior favorable report of the Spanish Data Protection Agency. 5. The Commission Secretariat, the Commission Executive Service, or the supervisory bodies referred to in Article 44 may use the information received only for the purposes for which the disclosing authorities have given their consent. This information shall not be transmitted to other bodies or natural or legal persons without the express consent of the competent authorities that disclosed it. (Article 48b of Law no. 10/2010)

Legislation

Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015missing file:
Organic Law No. 5 on the General Election Regime, 1985, amended 2016missing file:

*Last update: 2017

Asset Recovery

Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation67
International cooperation75

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness

Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. Spain has an Office for Asset Recovery and Management (Oficina de Recuperación y Gestión de Activos – ORGA), a body of the General State Administration whose function is to assist judicial bodies and prosecutor’s offices in locating, recovering, preserving and managing products, goods, instruments and proceeds derived from crime, (Law creating ORGA and Ministerial Orders regulating the Oficina de Recuperación y Gestión de Activos; Ministry of Justice description of ORGA’s)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. ORGA is expressly mandated to manage, conserve and realise (sell) seized, embargoed and confiscated assets on behalf of judicial authorities, (Law and regulations establishing ORGA as the office responsible for management of seized,)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. Under the Criminal Procedure Law, precautionary seizure and embargo of assets can be ordered to secure criminal liabilities, including future confiscation, (Ley de Enjuiciamiento Criminal (LECrim), provisions on precautionary measures (embargo and seizure of assets) and Article 589 ff.; e‑Justice description of seizure,)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. Article 127 provides that all penalties imposed for a malicious criminal offence entail the loss of assets obtained therefrom and of the goods, means or instruments with which it was prepared or executed, (Spanish Criminal Code (Código Penal), Article 127(1).)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. Article 127 and related provisions allow confiscation of property of equivalent value when direct confiscation of the assets or instruments of crime is not possible, subject to proportionality as set out in Article 128. (Criminal Code, Article 127 (general rule on confiscation of gains) and Article 128 (principle of proportionality in confiscation).)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Confiscation covers “assets obtained” from the offence, including proceeds transferred to third parties, in line with the broad concept of gains in Articles 127 and 127 bis, (Criminal Code, Articles 127 and 127 bis (confiscation of gains from criminal activity, including those held by third parties).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. Articles 127 bis and 127 quinquies regulate extended confiscation: judges may confiscate assets, goods and gains obtained from the convict’s prior criminal activity, when certain serious offences listed in Article 127 bis are involved and conditions in Article 127 (Criminal Code, Articles 127 bis and 127)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) No. Spanish confiscation remains primarily linked to a conviction for the offences set out in the Criminal Code; while various confiscation powers exist, a general non‑conviction based confiscation regime covering all situations in Article 15 of Directive (EU) 2024/1260 was not yet in place by 31.12.2024. (Criminal Code, Articles 127–127 quinquies; LECrim (no general NCBC procedure aligned with Article 15).)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) No. Spain had not, by end‑2024, adopted a stand‑alone confiscation‑only procedure without conviction that corresponds to the detailed conditions in Article 15 of Directive (EU) 2024/1260. (Criminal Code, Articles 127–127 quinquies; LECrim.)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) Yes. Extended confiscation under Articles 127 bis and 127 quinquies specifically targets serious offences, including those committed by criminal organisations (e.g. drug trafficking, money laundering, corruption), and allows confiscation of assets obtained from the convict’s (Criminal Code, Articles 127 bis and 127)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) No. Spain has an operational ORGA and an advanced confiscation framework, but there was no explicit statutory national asset recovery strategy with a five‑year update obligation as of 31.12.2024. (No explicit national asset recovery strategy provision in the Criminal Code, LECrim or ORGA’s)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. ORGA assists judicial bodies and prosecutor’s offices in locating assets in Spain and abroad, including those held in the name of others where there are signs of concealment of real ownership, (ORGA’s founding provisions and Ministry of Justice description of ORGA’s asset‑inquiry powers (averiguación patrimonial).)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. ORGA is recognised as Spain’s asset recovery office and cooperates with foreign AROs, (ORGA’s mandate as described by the Spanish Ministry of Justice and international partners (AGRASC).)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. Spanish legislation and ORGA’s regulations do not contain a specific statutory basis for cost‑sharing (No explicit cost‑sharing provision identified in Criminal Code, LECrim or ORGA’s)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. Spain may share confiscated assets with foreign countries in accordance with EU instruments and Council of Europe conventions on confiscation, (National implementation of Council of Europe conventions on confiscation (ETS No. 141; CETS No. 198) and EU mutual recognition instruments, as applied through ORGA)

Legislation

Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015missing file:
Organic Law No. 5 on the General Election Regime, 1985, amended 2016missing file:

*Last update: 2017