SPAIN Trends and Developments Contributed by: Rubén Canales and Ignacio Temiño, Abril Abogados
lations governing the advertising of medical devices and products. The court found that the defendant’s activities quali - fied as advertising under Article 2 of the Spanish Gen - eral Advertising Law. The videos featured testimonials from influencers and celebrities promoting the defend - ant’s clinics and treatments online, regardless of the absence of traditional media involvement. The court ruled the campaign constituted surreptitious advertis - ing because the defendant failed to inform consum - ers that the content had advertising intent. While the defendant argued that the influencers’ testimonies were protected by the right to freedom of expression, the court held that this right is limited by consumers’ right to know the nature of the messages they receive so they can make informed decisions when purchas - ing goods or services. Furthermore, the ruling confirmed that the campaign violated specific regulations on advertising medi - cal devices and products. Royal Decree 1591/2009 prohibits using recommendations from public figures whose notoriety may encourage the use of such prod - ucts, a provision the dental clinic had infringed. Privacy Law in Advertising and Marketing The Spanish Data Protection Agency ( Agencia Espa‑ ñola de Protección de Datos , or AEPD) is the authority responsible not only for enforcing privacy laws but also for regulating anti-spam activities and e-com - merce practices. The AEPD has exclusive jurisdiction over the enforcement of both the General Data Protec - tion Regulation (GDPR) and Spain’s national privacy regulation (LOPD). Its decisions can be appealed to the Contentious Administrative Court and, at the cas - sation level, to the Supreme Court. Given the constitu - tional significance of privacy rights, the Constitutional Court is also empowered to review decisions made by lower courts.
The AEPD’s role extends beyond inspection and sanc - tioning. It actively assists both citizens and businesses in ensuring ongoing compliance with data protection regulations by regularly publishing guidance and inter - pretative documents. For example, in 2023, the AEPD released a new guide on the use of “cookies”, a key resource for understanding the legal obligations and limits related to cookies as part of digital strategies. Another recent guide focuses on biometric systems, which are now subject to stricter limitations following the AEPD’s revised legal interpretation. In 2025, there was a notable 30% increase in com - plaints filed with the Agency, as well as a surge in inquiries regarding the use of artificial intelligence in public administration, legal advice, and biomedical research. Practical Recommendations To successfully conduct business in Spain, it is essen - tial to understand, respect, and apply the rules gov - erning media advertising, and consumer law. Any commercial initiative should undergo a thorough assessment regarding the implications of these legal areas on campaign compliance in Spain, as well as an evaluation of potential risks and strategies for mitiga - tion. While the legislation is broadly similar to that of other European countries, the interpretation, practical appli - cation, and case law can vary significantly in many respects. Therefore, it is highly advisable to consult with local legal experts specialising in advertising and marketing law. Additionally, privacy law considera - tions are another crucial legal aspect that should be addressed in advance.
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