Is cold calling legal in Spain? What the law says in 2026
Sales calls to companies and sole traders in Spain: what changed with the 2022 Telecommunications Act, the Robinson list, legitimate interest and good practice to avoid fines.
IberiaData editorial team · 19 October 2026 · 2 min read
Since Spain introduced the right not to receive unwanted sales calls in 2023, many people assume cold calling is banned. It isn't, but the rules changed, especially if your targets are sole traders.
General information, not legal advice.
What changed
Spain's Telecommunications Act 11/2022 gives end users who are individuals the right not to receive unwanted commercial calls, unless they have consented or the call can rely on another GDPR legal basis such as legitimate interest. It has applied since June 2023.
Calling companies (legal entities)
An SL or SA is not an individual. Calling a company about a product related to its business is common practice. Still: identify yourself and your company, don't call from hidden numbers, and respect requests not to be called again.
Calling sole traders
A sole trader (autónomo) is an individual. You need a legal basis:
- Consent.
- Legitimate interest, which the GDPR accepts for direct marketing subject to a balancing test: your offer relates to their professional activity, you say who you are and how to object, and their rights don't override yours.
Spain's data protection act (LOPDGDD, article 19) adds a useful presumption: processing the contact details of sole traders is lawful when it refers to them in their professional capacity and not as private individuals.
In practice: check the Robinson list, keep the offer professional, explain how to opt out at the start of the call, and log opt-outs.
What gets fined
The Spanish DPA (AEPD) mostly fines calling people who objected, ignoring opt-outs, calling Robinson-listed numbers and being unable to explain where the data came from.
Summary
| Recipient | Can you call? | What to do |
|---|---|---|
| Company (SL, SA) | Yes, with good practice | Identify yourself, respect opt-outs |
| Sole trader, professional matter | With a legal basis | Legitimate interest, Robinson list, opt-outs |
| Private individual | Heavily restricted | Consent |
Frequently asked questions
Is it illegal to cold call a Spanish company?+
Calling a legal entity about something related to its business is not prohibited. The strongest restrictions apply to calls to individuals, including sole traders.
Do I need to check the Robinson list?+
For campaigns to individuals (including sole traders), yes: you must exclude people registered on Spain's Robinson opt-out list.
Written and reviewed by the IberiaData editorial team. Last updated: 19 October 2026. If you spot anything out of date, let us know.
