What your website needs to be legal in Spain

Two laws apply and most expat-run websites in Spain break at least one of them. Neither is complicated once you know what's actually required.

·7 min read·Leer en español

If you run a business in Spain, two sets of rules apply to your website: the EU's GDPR, which covers personal data, and Spain's own LSSI-CE, which covers commercial websites. It does not matter where you are from, where your hosting is, or whether the site is in English. What matters is that the business operates in Spain.

The four things that must be there

WhatWhereWhat it must say
Legal notice (Aviso legal)Footer linkYour name or company name, NIF/CIF, address and contact
Privacy policyFooter and under every formWhat data you collect, why, and how long you keep it
Cookie policyFooter and from the bannerWhich cookies you use and what for
Cookie bannerOn arrivalAccept and reject equally easy

The single most-fined mistake in Spain is not missing the banner: it is making rejection harder than acceptance. A big "Accept" button with rejection buried in a settings screen is already a breach. Both options, same screen, same prominence.

Your NIE or CIF has to be on the site

This is the one that catches out most foreign business owners, because it has no equivalent in the UK or Ireland. Spanish law requires your tax identification —NIE if you are autónomo, CIF if you have an SL— to be publicly visible in the legal notice, along with a real address. Not a PO box, not just an email.

Contact forms

  • A consent checkbox that is not pre-ticked, linking to your privacy policy.
  • Ask only for what you need. If you can reply with a name and a phone number, do not ask for anything else.
  • Say what you will use it for. "To answer your enquiry" is fine if that is the truth.
  • Marketing consent is a separate checkbox. One tick cannot cover two purposes.

Google Analytics

Analytics cannot load before the visitor accepts. The correct way is consent mode: the tag loads with everything denied by default and only switches to granted if the person accepts. Loading it straight away and showing the banner for decoration is what most sites do, and it is exactly what gets sanctioned.

What the fines actually look like

Nobody is going to fine a bar in Guardamar twenty million euros. Real sanctions from the Spanish data protection agency against small businesses run from a few hundred to a few thousand euros, and they almost always start with a complaint from a member of the public or a competitor — not a routine inspection. Low risk, but very easy to remove entirely.

Common questions

My website is in English and my customers are British. Does Spanish law still apply?

Yes. What matters is where the business is established, not the language of the site or the nationality of the customers. If you are registered in Spain, Spanish rules apply.

Can I just copy the legal texts from another website?

It is what a lot of people do and it is a bad idea. They carry someone else's company details, describe data processing you do not do, and miss what you actually do. There are free generators that ask about your case and produce something far closer to correct.

What if I only have a one-page site with a phone number?

If you collect no data and use no analytics cookies, the legal notice alone covers you. The moment you add a form or Analytics, you need the privacy and cookie policies too.

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