Internet & Online Safety · Spain
Online safety & content laws in Spain (2026)
Spain shaded by its internet & online safety status
As an EU member state, Spain is bound by the directly-applicable Digital Services Act, a comprehensive content-moderation and online-safety regime that already imposes notice-and-action, transparency, illegal-content and minor-protection duties on platforms operating in Spain. However, Spain has not completed its national implementation: the CNMC was designated Digital Services Coordinator in January 2024 but Congress has repeatedly failed to pass the law granting it the inspection and sanctioning powers the DSA requires, prompting a European Commission infringement procedure. A pioneering Organic Law for the Protection of Minors in Digital Environments (raising the social-media age and mandating age verification) has been approved as a government bill but is still being debated in Congress and is not yet in force.
Key points
The Digital Services Act applies directly in Spain since 17 February 2024, setting comprehensive obligations on intermediaries and platforms (illegal-content notice-and-action, transparency reporting, risk mitigation for VLOPs, and protection of minors), enforced for the largest platforms directly by the European Commission.
The Ministry for Digital Transformation designated the Comisión Nacional de los Mercados y la Competencia (CNMC) as Spain's Digital Services Coordinator on 24 January 2024, responsible for supervising, investigating and sanctioning intermediary services established in Spain.
Spain has not enacted the legislation needed to grant the CNMC the full DSA enforcement powers; a PSOE-backed bill was defeated in Congress in April 2026, and the European Commission opened an infringement procedure (reasoned opinion December 2024) over Spain's failure to fully apply the DSA.
The Organic Law for the Protection of Minors in Digital Environments — raising the data-consent/social-media access age to 16, reforming the Criminal Code, and updating audiovisual rules — was approved by the Council of Ministers and sent to Congress as a Proyecto de Ley (25 March 2025); it remained in committee with amendments through late 2025 and is not yet enacted.
Spain has been a frontrunner on online age verification, publishing a technical specification for an age-assurance system and contributing its digital-wallet (Cartera Digital Beta) as a pilot for the EU's white-label age-verification app; mandatory age verification will become binding once the minors law passes, while privacy oversight rests with the AEPD.
Online audiovisual and video-sharing platforms are also covered by the General Audiovisual Communication Law (Ley 13/2022, transposing the EU AVMSD), supervised by the CNMC, while the AEPD handles data protection — creating a split competent-authority structure for online content and safety.
Timeline - major decisions & events
Spain's Congress approved advancing the Organic Law for the protection of minors in digital environments, rejecting a blocking amendment from Vox. The bill raises the minimum social-media registration age from 14 to 16, requires privacy-preserving age verification via Spain's Cartera Digital Beta credential, and criminalises AI-generated child sexual abuse material.
Ministerio de la Presidencia (Spain) ↗The Spanish Cabinet gave its second approval to the landmark child-online-protection bill, banning under-16s from social media without explicit parental consent, mandating platform content-classification labels, and requiring terminal manufacturers to provide free parental controls — marking the most comprehensive child online safety legislation in Spain's history.
La Moncloa (Spanish Government) ↗The Council of Ministers approved a draft law formally incorporating EU Regulation 2022/2065 (DSA) and Regulation 2024/1083 (European Media Freedom Act) into Spanish law, reinforcing CNMC supervisory powers with fines up to 6 % of global turnover and creating a national audiovisual media registry.
Ministry for Digital Transformation and Public Services (MTDFP) ↗Following its phased rollout, the DSA became fully applicable to all in-scope intermediary services in the EU, extending content-moderation transparency, illegal-content reporting, and algorithmic accountability obligations beyond VLOPs to medium and small platforms serving Spanish and EU users.
European Commission – Digital Strategy ↗Spain's Ministry for Digital Transformation officially appointed the National Markets and Competition Commission (CNMC) as the national Digital Services Coordinator, making it the single contact point for DSA compliance supervision, cross-border cooperation with other EU DSCs, and user-complaint escalation.
CNMC (Comisión Nacional de los Mercados y la Competencia) ↗Four months after the Commission's April 2023 designation of 17 VLOPs and 2 VLOSEs — including Google, Meta, TikTok and Twitter/X — the DSA's strictest obligations entered force: systemic risk assessments, independent annual audits, algorithmic transparency and researcher data-access provisions directly protecting Spanish users.
European Commission – Digital Strategy ↗Spain's Ley 13/2022 overhauled audiovisual regulation to cover streaming VOD services, video-sharing platforms and commercial influencers, imposing registration with a national audiovisual registry, child-protection labelling, advertising disclosure rules, and mandatory reporting channels for illegal content — transposing the EU AVMSD into Spanish law.
BOE – Boletín Oficial del Estado ↗Spain updated its mandatory cybersecurity baseline — the Esquema Nacional de Seguridad — replacing the 2010 decree; it establishes 73 security controls across organisational, operational and protection layers, and is mandatory for all public-sector digital services and private providers serving the state, directly securing the infrastructure of online public services.
CCN-CNI (Centro Criptológico Nacional) ↗Spain's LOPDGDD adapted EU GDPR into national law and uniquely added a catalogue of 'digital rights', including the right to be forgotten on social media and search engines, the right to digital disconnection at work, and reinforced protections for minors' data online — setting the privacy foundation of today's internet safety framework.
BOE – Boletín Oficial del Estado ↗The Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico transposed the EU E-Commerce Directive 2000/31/EC, establishing liability safe harbours for intermediaries, mandatory provider identification and information requirements, and a framework for courts and administrative bodies to order blocking of illegal online content — the cornerstone of Spanish internet regulation for two decades.
WIPO Lex ↗Spain - other topics
Last verified 5/25/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →