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Spain · Question 07 of 11

Marketing: Can we advertise?

Mixed · Confirmed · Expert approved · In expert review scope · Back to full Spain report →

Key section parameters

JurisdictionSpain (ES)
RegulatorDGOJ
FavourabilityMixed
ConfidenceConfirmed
Review statusExpert approved · In expert review scope
Last collected18 Oct 2026

Summary answer

Marketing is permitted but heavily restricted under RD 958/2020, which imposed a 1am–5am broadcast window and a sports-sponsorship ban. The Supreme Court's April 2024 ruling (STS 527/2024) annulled several provisions for lack of legal coverage, including the new-customer promotion restriction and th…

Full section analysis

Marketing is permitted but heavily restricted under RD 958/2020, which imposed a 1am–5am broadcast window and a sports-sponsorship ban. The Supreme Court's April 2024 ruling (STS 527/2024) annulled several provisions for lack of legal coverage, including the new-customer promotion restriction and the information-society dissemination ban. The sports-sponsorship prohibition (art. 12) and the broadcast window survive. No restriction or limit on welcome bonuses is in force; counsel instructs that any such restriction be treated as removed, and dates that removal to 2025, though the instrument we hold annulling the relevant provisions is STS 527/2024 of 10 April 2024 and no 2025 instrument has been identified. The removal is recorded on counsel's authority; the 2025 basis is flagged as unsourced rather than asserted. A draft amendment to Ley 13/2011 seeks to restore the annulled restrictions with proper legal basis.