Country reference
Spain
National implementing law
Substantive obligations effective: 2025-06-28.
Enforcement body
Comunidades Autonomas and the cities of Ceuta and Melilla (market surveillance and service conformity verification); a national Technical Unit provides coordination and complementary surveillance is the designated national authority.
Scope
Applies to economic operators placing in-scope products on the Spanish market and to providers of in-scope services (e-commerce, consumer banking, e-books, electronic communications and passenger transport information) to consumers in Spain from 28 June 2025 (effective date confirmed in the preamble of Ley 11/2023 on BOE). The BOE preamble confirms that Comunidades Autonomas and the cities of Ceuta and Melilla designate the market surveillance authorities, and that a Technical Unit will coordinate them. Under the parent EU Directive 2019/882 (EAA), Article 4(5), microenterprises providing services (fewer than 10 staff AND turnover or balance-sheet total not exceeding EUR 2 million) are exempt from the substantive service requirements; this exemption is understood to carry through into Spanish law but the specific article of Ley 11/2023 was not located during this audit.
What is unclear
Honest gaps in this article. If you need certainty on any of these, the authoritative source is the primary law text linked above, not this page.
- The URL for the enforcement body reflects the Ministerio de Derechos Sociales as the policy lead; day-to-day surveillance sits with the Comunidades Autonomas and there is no single national enforcement URL. Users should treat the URL as indicative rather than as the operational enforcement portal.
- Chapter XI (Articles 27-31) sets out the sanctions regime per the BOE table of contents, but we did not read the article text in full and therefore do not quote a maximum fine figure.
- The specific article of Ley 11/2023 that transposes the EAA microenterprise service exemption was not directly located in the BOE excerpts we could read; the exemption is asserted on the basis of the parent EAA (Article 4(5)) rather than a quoted Spanish article.
- The exact date and configuration of the national Technical Unit was not confirmed from a primary source.
Practical notes
Spain's model is decentralised: seventeen autonomous communities plus Ceuta and Melilla each supervise operators established or acting in their territory, coordinated by a national Technical Unit foreseen in the law. Public enforcement decisions under Ley 11/2023 are not yet established as of the research date.
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