SPAIN Trends and Developments Contributed by: Rubén Canales and Ignacio Temiño, Abril Abogados
The most common basis for complaints submitted to the Jury at Autocontrol relates to misleading advertis - ing. It is particularly insightful to examine the industries seeking Autocontrol’s pre-clearance services, known as “Copy Advice ® ”, as it sheds light on the sectors that are more cautious with their advertising and take additional measures before launching new campaigns, products, or marketing initiatives. Legislative Framework and New Developments in 2025/2026 The main sources relating to advertising in Spain are: • the General Advertising Act (Law 34/1988); • the Unfair Competition Act (Law 3/1991); • the General Audio-Visual Communication Act (Law 13/2022); and • the General Law for the Defence of Consumers and Users (Royal Decree 1/2007). In addition, there are: • special regulations covering specific requirements for certain products (eg, food, alcoholic beverages, tobacco and drugs), advertising in particular media (eg, television) and advertisements directed at cer - tain target audiences (eg, children or adolescents); and • some regional regulations only applicable in the territory of Autonomous Regions (Spain is divided into 17 Autonomous Regions). One of the most recent changes in advertising legisla - tion concerns gambling activities. Since the COVID-19 pandemic, advertising related to recreational activities involving gambling and financial risk has faced strict legal restrictions. Despite the pandemic’s relatively short duration, the legislative framework for this sec - tor was extended, resulting in the disappearance of frequent advertisements for lotteries, betting shops, and online casinos. Gambling companies also ceased sponsoring football teams and using celebrities in their campaigns. However, the situation changed dramatically following a ruling by the Supreme Court on 10 April 2024, which
annulled several sections of Royal Decree 958/2020, of 3 November, on commercial communications for gambling activities. The court found that the regula - tion lacked proportionality, a key principle in deter - mining the legality of restrictions. While advertising is recognised as a right linked to the freedom of enter - prise, the court acknowledged that protecting vulner - able groups, such as minors, is essential. However, restrictions must be both justified and proportionate, which was not the case for several provisions of the Decree. The Decree had been enacted by the Ministry of Consumer Affairs, which has since announced plans to draft new legislation, using a different legislative approach. The Supreme Court specifically struck down the broadest restrictions, including Article 13.1, which severely limited promotional activities target - ing new customers, and Article 15, which banned the use of celebrities in gambling ads. It also annulled the general ban on advertising through information society services (Article 23) and the restrictions on gambling ads on video-sharing platforms and social media (Articles 25 and 26). However, not all prohibitions were overturned. Certain restrictions challenged by industry associations were upheld, with the Supreme Court ruling that they were valid, proportional, and justified. Another significant development is the Draft Bill sub - mitted by the Ministry of Health for public consulta - tion on the prevention of alcohol consumption and its effects on minors, which introduces new restrictions on the advertising of alcoholic beverages. The pro - posed legislation prohibits any form of direct, indirect, or surreptitious advertising of alcoholic beverages or products mimicking alcoholic drinks, including the use of trade names, company names, symbols, or trade marks associated with alcoholic beverage producers, when aimed at minors. The regulation also bars the use of the image or voice of the following individuals in advertising: • those under 21 years old; • those over 21 who are portrayed as minors;
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