SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
Advertising and sponsorship Broadcasters sell commercial spots during half-time and pre-/post-match shows. They also use virtual advertising, where the digital overlays on stadium boards are customised for the Spanish audience regardless of what is physically shown in the stadium. B2B/hospitality sales A significant revenue stream involves selling specific “public exhibition” licences to bars, restaurants and hotels (eg, through the LaLigaTV Bar service). Packaging and sales by rights-holders Rights-holders (such as LaLiga) package rights to maximise competition among bidders and ensure long-term stability. Tender process Rights are sold through a formal, transparent auction. Exclusivity versus co-exclusivity While rights were traditionally exclusive to one broad - caster (Movistar), the current model (2022–2027 and 2027–2032) uses a split-exclusivity approach. Free-to-air (FTA) “must-offer” Spanish law requires one match per matchday to be broadcast for free. For the 2025/26 season, the public broadcaster RTVE acquired this package to ensure universal access to “events of general interest”. Venue Access and Intellectual Property Access licences Broadcasters do not have an automatic right to enter a stadium. They must sign a Venue Access Agree - ment. This contract grants the “host broadcaster” the right to install cameras, utilise “technical zones”, and access the mixed zone for interviews. In exchange, the broadcaster must follow the league’s strict Production Handbook to ensure a consistent visual “brand”.
• the “innovation” pitch – organisations such as Barça Innovation Hub attract sponsors (including Google Cloud or Globant) by offering their club as a living lab to test new technologies, from athlete performance sensors to stadium connectivity. Key Terms of a Standard Sponsorship Contract A standard Spanish sports sponsorship agreement typically includes these core pillars. • Grant of rights: precise definition of the marks (log - os), images and player likenesses that the sponsor can use, and in which territories (eg, “worldwide” versus “Spain only”). Provides exclusivity, and pre - vents the rights-holder from signing a competitor. • Fee and value-in-kind: the financial payment schedule. Many Spanish deals include a VIK com - ponent (eg, CUPRA providing cars to players as part of the fee). • Performance bonuses: extra payments triggered by sporting success (eg, winning LaLiga or qualifying for the Champions League). • Morality/reputation: allows the sponsor to termi - nate the deal if the athlete or club is involved in a scandal (doping, match-fixing or legal issues). • Data sharing and the General Data Protection Regulation (GDPR): outlines how fan data can be used for co-marketing, ensuring compliance with Spanish and EU data protection laws. • Force majeure and substitution: terms for what happens if an event is cancelled or played behind closed doors, often including “make-good” digital inventory. • Jurisdiction. 2.3 Broadcasting Rights In Spain, the broadcasting of sports is a highly com - mercialised and legally protected sector, primarily regulated by the General Law on Audiovisual Com - munication (Law 13/2022). How Broadcasters Profit From Rights Broadcasters in Spain utilise a “dual-revenue” model to offset the high costs of sports rights. Subscription models (Pay-TV/OTT) Providers charge monthly fees. Live sports are the primary driver for customer retention.
Intellectual property rights The “broadcaster’s right”
Under the Spanish Intellectual Property Act, the broadcaster owns the copyright to the “fixation” of the broadcast (the specific camera angles, replays and commentary they produce).
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