Cold Calling Laws in Spain

Which laws cover cold calling in Spain?

• The General Telecommunications Law (Ley 11/2022). Its article 66.1.b gives people the right not to receive unwanted sales calls, unless they gave prior consent or the call rests on another lawful basis under article 6.1 of the GDPR. The AEPD's Circular 1/2023 explains how it applies that rule.
• The data protection law (Ley Orgánica 3/2018, the LOPDGDD). Article 19 presumes that using business contact details is lawful in some cases, and article 23 requires checking advertising exclusion systems before direct marketing.
• The consumer protection law (Real Decreto Legislativo 1/2007). Its article 96 sets the hours for sales calls to consumers.
• The customer service law (Ley 10/2025) and a resolution of 14 April 2026, which created the 400 number range for sales calls.

Is B2B cold calling legal in Spain?

Yes. Article 5 of the AEPD's Circular 1/2023 presumes it's lawful to use the details of people who work for a company, on the terms of article 19 of the LOPDGDD: you use only the details needed to reach them at work, and only to deal with the company they work for. The same presumption covers sole traders and self-employed professionals, as long as you contact them in that role and not as private individuals.

In practice, call people on their work numbers about their company's needs. The presumption covers work contact details, so it doesn't extend to a contact's personal mobile. Never call randomly generated numbers: the Circular says the 2022 law ended that practice unless the person gave prior consent.

Can you cold call consumers in Spain?

A sales call to a consumer needs their prior consent, or another lawful basis under the GDPR. The AEPD presumes a legitimate interest when you have a prior contract with the person, got their details lawfully and call about products similar to the ones they bought. It doesn't presume one when there's no current contract, request or contact with you in the last year.

Calls to consumers can only be made from 9am to 9pm, never at weekends or on public holidays. At the start of the call, the caller must say who they are, who they're calling for and that the call is commercial.

Do you have to check the Lista Robinson?

Before any direct marketing, article 23.4 of the LOPDGDD requires you to check the advertising exclusion systems on the list published by the data protection authority, and leave out everyone who has opted out. You don't need to check for a person who has consented to hear from you. The best known of these systems is the Lista Robinson.

What is the 400 prefix for sales calls in Spain?

A resolution of 14 April 2026 reserved numbers starting with 400 for sales calls. These numbers can only make calls, never receive them, and the range had to be working within six months, so since mid-October 2026 the companies it covers can make sales calls only from a 400 number.

It covers the companies within Ley 10/2025, whether they're based in Spain or abroad: providers of basic services such as water, gas, electricity, transport, post, telecoms and financial services, and companies selling mainly to consumers that have at least 250 staff, turnover above €50 million or a balance sheet above €43 million.

Phone operators can also block calls from numbers that show signs of being sales calls without the right code, or that break the consent rule (Ley 10/2025, article 16.4). If you call Spain often, ask your phone provider how your calls will be treated.

Before you call Spanish businesses: a checklist

• Call people on their work numbers, about their company's business.
• Never call randomly generated numbers, and don't call private individuals without consent or a current customer relationship.
• Check your list against the exclusion systems, such as the Lista Robinson, unless you hold consent.
• Say at the start who you are, who you're calling for and that it's a sales call.
• Stop when asked, record the objection and don't call that contact again for marketing.
• If your company falls within Ley 10/2025, call from a 400 number.