Mandatory commercial information for businesses offering goods or services to consumers in Spain

When a commercial offer includes information on the characteristics and price of goods or services, Spanish law requires traders to provide clear and accessible information, unless it is evident from the context. This includes, in particular::

• Trader identity: Name or corporate name and full address of the trader responsible for the offer.
• Essential characteristics: Clear description of the main features of the product or service, adapted to the communication medium used.
• Final price transparency: The total final price, including taxes, with a breakdown of any applicable increases or discounts and any additional costs charged to the consumer, including potential management or handling fees.
  Where the price or additional costs cannot be calculated in advance, consumers must be informed of the calculation basis or the existence of such costs.
• Personalised pricing (Spain-specific rule): In distance or off-premises contracts, consumers must be informed if the price has been personalised through automated decision-making. Spanish law expressly prohibits price increases driven by spikes in demand in situations of urgency, risk or necessity.
• Payment, delivery and performance terms: Including payment methods and delivery or performance timelines , where these depart from the standard of professional diligence expected under Spanish market practices.
• Right of withdrawal: Where applicable, the existence of the statutory withdrawal right.
• Online marketplaces: Clear indication of whether the third-party seller is acting as a trader or as a private individual, determining the applicability of Spanish consumer protection rules.

All information must be clear, truthful, comprehensible and accessible.

Online search results and reviews

Following the 2021 reform of Spanish Consumer Protection Law 1/2007:

• Platforms allowing consumers to search for goods or services offered by multiple sellers must explain the main ranking parameters and their relative importance (with limited exceptions).

Where consumer reviews are displayed, traders must inform consumers whether—and how—they verify that reviews come from users who have actually purchased or used the product or service.

Authored by Adrián Fernández de Pedro.