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Unwanted Spam Calls in Spain: What the Law Says for Expats

By the AbogadoAI editorial team · Updated 18 July 2026 · 13 min read

🇪🇸 Read the original in Spanish

Who hasn't received a marketing call right during siesta time or in the middle of an important work meeting? Telephone harassment by phone operators, energy companies, and financial institutions has become one of the biggest sources of frustration for residents in Spain. Although the general feeling is one of total helplessness, Spanish legislation offers powerful tools to protect our privacy and put an end to these unwanted communications. In this article, we analyze in depth what the law says, what your rights are, and how you can act effectively to regain peace on your phone.

The right not to receive unwanted commercial calls is not a mere courtesy, but a subjective right recognized by the Spanish legal system. The legal framework regulating this matter has undergone major recent modifications to stiffen penalties and protect the consumer.

The General Telecommunications Law (LGTel)

The major regulatory change arrived with Ley 11/2022, de 28 de junio, General de Telecomunicaciones (Law 11/2022, of June 28, General Telecommunications). In its Article 66.1.b), this law clearly establishes the right of users "not to receive unsolicited calls for commercial communication purposes, unless there is prior consent from the user themselves to receive this type of communication or the call can be justified under another legal basis provided for in Article 6.1 of Regulation (EU) 2016/679."

This regulatory change, which entered into force on June 29, 2023, inverted the general rule: previously, the user had to express their objection (an opt-out system); now, companies are prohibited from calling unless the user has given prior express consent (an opt-in system), or a legitimate prior contractual relationship exists.

The General Law for the Defence of Consumers and Users (LGDCU)

For its part, Real Decreto Legislativo 1/2007, de 16 de noviembre (Royal Legislative Decree 1/2007, of November 16), which approves the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios (General Law for the Defence of Consumers and Users), also protects citizens against aggressive commercial practices.

Article 96 of this law regulates distance commercial communications, setting strict limits on schedules and methods of contact. Furthermore, Article 49 classifies making unsolicited and repeated proposals by telephone, fax, email, or other distance communication media as a consumer infringement.

The Law on Information Society Services and Electronic Commerce (LSSI-CE)

When spam is not carried out through a telephone call with a human voice, but rather through automated calling systems, SMS messages, WhatsApp, or emails, Ley 34/2002, de 11 de julio (Law 34/2002, of July 11, known as the LSSI-CE) comes into play.

Its Article 21 expressly prohibits sending advertising or promotional communications by email or other equivalent electronic communication media that have not been previously requested or expressly authorized by the recipients, unless there is a prior contractual relationship (and provided that a simple and free method to unsubscribe is offered).

To know if you can file a complaint, you must first understand in which cases the law does allow a company to contact you by phone.

This is the golden rule. If at any point (when signing a contract, participating in an online raffle, or downloading an app) you ticked a box that said "I agree to receive commercial communications from third parties", the call is legal. Companies often camouflage these consents in tedious general terms and conditions.

2. Prior Contractual Relationship ("Legitimate Interest")

A company with which you have an active contract (or one that ended less than 12 months ago) can call you to offer products similar to those you have contracted. For example, your internet provider can call you to offer a mobile tariff. However, a car insurance company cannot call you if you only have electricity contracted with their business group, unless you have given consent for it.

3. Time Limits and Identification

Even when the call is legal (because you gave your consent), the Ley de Consumidores y Usuarios imposes strict limits:

Practical Step-by-Step Procedures to Stop Phone Spam

If you are tired of receiving unwanted commercial calls, follow this legal and technical action protocol to enforce your rights.

Step 1: Registration on the Robinson List (Lista Robinson)

The Lista Robinson (Robinson List) is an advertising exclusion registry managed by the Asociación Española de la Economía Digital (Adigital). Consulting it is mandatory by law for any company planning to carry out a telephone advertising campaign if they do not have the express consent of the user.

  1. Access the official website of the Lista Robinson.
  2. Register for free by entering your personal details.
  3. Add the telephone numbers (landline and mobile) and emails on which you do not wish to receive advertising.
  4. Important: Registration takes up to 3 months from the moment of registration to become fully effective. Companies have this period to update their databases.

If a company with which you have or have had a contractual relationship calls you, or one to which you gave your consent in the past:

  1. During the call itself, state clearly: "Deseo ejercer mi derecho de oposición a recibir llamadas comerciales y revoco cualquier consentimiento previo" (I wish to exercise my right to object to receiving commercial calls and I revoke any prior consent).
  2. Demand that they provide you with an email address or a free channel to confirm this request in writing.
  3. Send an email to the Delegado de Protección de Datos (Data Protection Officer or DPO) of the company (usually found in the privacy policy on their website) with the subject line "Ejercicio de Derecho de Oposición - RGPD" (Exercise of Right to Object - GDPR), attaching a copy of your DNI (ID card) or NIE (foreigner identification number) and the affected phone number.

Step 3: Technical Blocking and Recording Evidence

Do not delete the call log from your phone. If you decide to file a complaint, you will need solid evidence:

  1. Take screenshots of your incoming call history showing the phone number, exact date, and time.
  2. If possible, record the conversation (in Spain, it is legal to record a conversation in which you participate, without needing to notify the other party, provided you do not distribute it publicly and only use it as evidence in a judicial or administrative proceeding).
  3. Use the blocking tools on your smartphone (Android or iOS) to send these numbers to your blacklist.

Step 4: File a Complaint with the Spanish Data Protection Agency (AEPD)

If you have been registered on the Lista Robinson for more than 3 months, or if you have exercised your right to object and they continue to call you, you can file a free complaint with the Agencia Española de Protección de Datos (AEPD):

  1. Access the Electronic Office (Sede Electrónica) of the AEPD.
  2. Go to the "Reclamaciones" (Complaints) section and select the "Publicidad y prospección comercial" (Advertising and commercial prospecting) channel.
  3. Identify yourself using Cl@ve (the government electronic identification system), a digital certificate, or an electronic DNI.
  4. Fill out the form providing the details of the infringing company (if you have them), your phone number, the date and time of the calls, and attach the evidence (screenshots, recordings, proof of registration on the Lista Robinson, or a copy of the objection email sent).

Deadlines, Amounts, and Key Figures You Must Know

The Spanish sanctioning framework is one of the most rigorous in Europe regarding data protection and telecommunications. Below are the most relevant figures and deadlines:

Concrete Examples of How the Law Applies

To illustrate how these rules work in practice, we analyze two common scenarios:

Example 1: The Case of the "Ghost" Portability

Carlos has his mobile line contracted with Operator "A" for a monthly rate of €45. On a Tuesday at 15:30, he receives a call from Operator "B" offering him a rate of €30. Carlos has never had a relationship with Operator "B" nor has he provided them with his details, and he has also been registered on the Lista Robinson for more than 6 months.

Legal analysis: Operator "B" is committing a serious infraction of the General Telecommunications Law and data protection regulations. Since there is no prior contractual relationship or express consent, and Carlos has been registered on the Lista Robinson for longer than the 3-month grace period, the call is illegal. Carlos can record the call, identify the company, and file a complaint with the AEPD, which could result in an administrative fine of over €10,000 for Operator "B".

Example 2: Harassment by the Former Electricity Company

Lucía had her home electricity contracted with Company "X", paying average bills of €80. She decided to switch companies 14 months ago. Since then, she systematically receives two calls a week from Company "X" trying to convince her to return to them.

Legal analysis: Although Lucía had a contractual relationship with Company "X", it ended more than 12 months (one year) ago. The law establishes that a company's "legitimate interest" to make commercial calls without express consent expires one year after the termination of the contract. Therefore, these current calls are illegal. Lucía must request in writing the deletion of her data from Company "X"'s commercial files and, if they call her again after 10 days, file a complaint with the AEPD.

Mistakes You Should Avoid

When trying to stop telephone harassment, avoid making the following common mistakes that could invalidate your actions or leave you unprotected:

Frequently Asked Questions (FAQ)

Can they call me from a private mobile number?

Yes, many telemarketing companies use virtual switchboards that simulate ordinary national mobile phone numbers (known as spoofing or call masking) to increase the likelihood that the user will pick up. However, the law obliges them to ensure that this number is real, active, and allows return calls so that the user can exercise their data protection rights.

What happens if the commercial call is a voice recording?

Calls made using automated dialing systems without human intervention (known as robocalls) are subject to an even stricter regime. According to Article 21 of the LSSI, they strictly require your prior express consent. If you receive a commercial recording without having authorized it, the infraction is direct and easily punishable.

Does the Robinson List prevent calls from political parties during election campaigns?

No. Spanish legislation (specifically the Ley Orgánica de Régimen Electoral General - Organic Law of the General Electoral Regime) allows political parties to send electoral propaganda and make political communications during campaign periods, which are excluded from the scope of the Lista Robinson. However, you can object to receiving postal electoral propaganda through the electoral census at the office of the Instituto Nacional de Estadística (INE - National Statistics Institute).

Does Spanish law protect me if the call is made from a call center located outside Spain?

Yes. Even if the physical call center is located in a third country (for example, in Latin America or North Africa), if the company contracting the service and marketing the product or service is Spanish or directs its activities to the Spanish market, it is fully obliged to comply with the General Data Protection Regulation (GDPR) and the General Telecommunications Law of Spain. The penalty will be imposed on the Spanish parent company.

In Summary

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

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This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.

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