Technology Law · Spain
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- Software, SaaS, data, IP and IT dispute mandates
- Lawyers registered with a Spanish Colegio de la Abogacía
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Technology law in Spain
What a technology lawyer in Spain actually does for you
Technology work in Spain sits inside a continental civil-law system built on comprehensive codes rather than judicial precedent, so your contracts, licences and corporate documents have to be drafted with the Civil Code, the Commercial Code and the procedural acts in mind. A technology lawyer in Spain works across software and SaaS contracts, distribution and reseller agreements, data protection questions, intellectual property, platform terms, and the commercial disputes that follow when a project breaks down. Whether you are a founder, a CTO or an in-house team abroad, the practical questions are the same: who may represent you, which court hears the case, what it costs, and how long you have. We match you with a Spanish-qualified lawyer who handles your type of matter.
Spain in practice
How technology matters are handled in Spain
Spain applies a continental civil-law model, with a single ordinary judiciary and a highly decentralised state in which some regions keep their own civil-law rules. For anyone instructing a lawyer there, the practical consequences show up in court structure, who is entitled to represent you, fees and time limits.
A civil-law system built on codes
Spain follows the continental model: comprehensive legal codes rooted in Roman law, notably the Civil Code of 1889, the Criminal Code, the Commercial Code and the procedural acts. Judicial precedent is not formally binding, but Supreme Court decisions unify the interpretation of the law through the doctrine of jurisprudencia, which is why contract wording and legal argument both carry weight. Some regions, such as Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands, keep their own civil-law rules alongside the common Civil Code.
How the courts are organised
Civil claims begin in the Courts of First Instance (Juzgados de Primera Instancia); criminal matters start with the Investigating Courts and Criminal Courts, labour cases go to the Social Courts and administrative cases to the Contentious-Administrative Courts. Appeals are heard by the Provincial Courts (Audiencias Provinciales), with a High Court of Justice in each Autonomous Community. The Supreme Court (Tribunal Supremo) sits in Madrid in Civil, Criminal, Social, Contentious-Administrative and Military Chambers and handles cassation and review.
Who may practise and who represents you
Membership of a Bar Association (Colegio de la Abogacía) is compulsory to practise in Spain, and registration with one Colegio is sufficient to act throughout the national territory. Qualification requires a Grado in Law, the Máster de Acceso a la Abogacía or an equivalent Bar-run course of 90 ECTS including professional practice, and the state professional aptitude examination. In civil and commercial litigation an abogado and a procurador are generally both required, except in small claims (juicio verbal up to €2,000); a defendant in criminal proceedings must be assisted by a lawyer.
Fees, court fees and free legal aid
Lawyers’ fees are freely agreed between lawyer and client, with Bar Associations publishing only non-binding guideline criteria. A court fee (tasa judicial) applies in the civil and contentious-administrative orders but is owed only by legal persons — companies, associations and foundations — while natural persons are exempt; the labour and criminal orders carry no fee. A losing party may be ordered to pay the other side’s costs, capped at one third of the amount in dispute in declaratory proceedings. Free legal aid exists for those without sufficient means.
Notaries and the Property Registry
A transfer or encumbrance of real property requires a public deed (escritura pública) before a notary in order to be registered, and notarial deeds are also customary for many other acts such as company incorporation and powers of attorney. The Land Registry is organised on the folio real system: each property has its own folio recording successive rights and charges, so ownership is traced property by property, and registration confers strong protection, including for third parties acting in good faith. Since the 2024 reform of the Mortgage Law the Registry is managed electronically.
Non-residents, succession and regional regimes
Non-residents earning Spanish-source income fall under the Non-Resident Income Tax, at 24% for taxpayers resident in non-EU/EEA countries and 19% for residents of EU/EEA countries with effective exchange of tax information, with capital gains, dividends and interest generally taxed at 19%. In the common civil-law regime, children and descendants are entitled to two thirds of an estate under the legítima, although EU Regulation 650/2012 allows a testator to elect their national law to govern the succession.
The country details on this page are taken from official Spanish sources (Boletín Oficial del Estado and the Spanish Tax Agency) and the European e-Justice Portal, checked in 2025.
- European e-Justice Portal — National justice systems: Spain
- Royal Decree 135/2021 — Estatuto General de la Abogacía Española (BOE)
- Law 1/1996 — Free legal aid (BOE)
- Civil Code — limitation periods, matrimonial property and succession (BOE)
- BOE — employment dismissal claim deadline
- BOE — inheritance tax filing and payment deadline
- BOE — administrative appeal deadline
- Spanish Tax Agency — Non-resident income tax rates
Common situations
Where technology matters usually go wrong
These are the patterns clients describe when they first contact us about a Spanish technology matter.
The contract was drafted somewhere else
Software, SaaS and reseller agreements drafted abroad often miss how Spanish courts read clauses on liability, penalties and jurisdiction — a gap that only becomes visible once a dispute has started.
Two legal systems, one project
A Spanish subsidiary, a foreign parent and a supplier in a third country can leave you unsure which law governs, who may litigate in Spain and which authority to approach when something goes wrong.
Deadlines run quietly
General contractual claims in Spain are subject to a five-year limitation period, while some procedures move far faster, so delay in gathering documents or taking advice can narrow your options before you have weighed them.
Why use our matching
How we help you find the right lawyer in Spain
You describe the matter, we do the filtering, and you decide whether to instruct.
Lawyers who can practise in Spain
Membership of a Spanish Colegio de la Abogacía is compulsory to practise, so we match you with lawyers who are registered and work on the kind of matter you describe.
Specialists rather than generalists
Software contracts, data questions, intellectual property and IT disputes are distinct fields. We look for a lawyer whose practice genuinely covers your type of work, not a general commercial practice.
Clear on process and cost
Spanish lawyers’ fees are freely agreed rather than set by official tariffs, and court fees fall on legal persons in the civil order, so we encourage you to fix scope, structure and likely costs before instructing anyone.
Free, confidential matching
Describing your situation costs nothing and creates no obligation to proceed. You decide whether to instruct the lawyer we introduce, and your details are used only for the matching process.
Cross-border matters
Other European countries we cover
If your project or dispute also touches another jurisdiction, we can look for lawyers in these countries alongside your Spanish match.
Questions
Technology law in Spain: frequently asked questions
What does a technology lawyer in Spain handle?
Typically software and SaaS contracts, licence and reseller agreements, IT outsourcing, data protection questions, intellectual property, platform terms and the commercial disputes that follow a failed project. The right lawyer for you depends on the matter: some focus on contracting and compliance, others on litigation before the Spanish courts. Tell us your situation and we match accordingly.
Do I need a lawyer who is registered in Spain?
Yes. Membership of a Bar Association (Colegio de la Abogacía) is compulsory to practise law in Spain, and registration with a single Colegio is sufficient to act throughout the national territory. Qualification also requires a Grado in Law, the Máster de Acceso a la Abogacía or an equivalent course of 90 ECTS with professional practice, and the state professional aptitude examination.
Will a procurador be involved in my Spanish case?
In civil and commercial litigation, both an abogado and a procurador are generally required, except in small claims (juicio verbal up to €2,000) where a party may appear in person. In criminal proceedings the defendant must be assisted by a lawyer, and in the labour jurisdiction a lawyer is required for appeals to the High Courts of Justice and the Supreme Court.
How long do I have to bring a claim in Spain?
General contractual claims, including unpaid invoices, are subject to a five-year limitation period. Some matters are much shorter: a dismissal claim must be brought within 20 working days, an administrative appeal within one month, and inheritance tax filed and paid within six months of death. Deadlines are easy to miss, so take advice early.
Do companies have to pay court fees in Spain?
Court fees (tasa judicial) apply in the civil and contentious-administrative orders, but only legal persons owe them — companies, associations and foundations. Natural persons are exempt, and the labour and criminal orders carry no fee. The fee combines a fixed amount with a variable element based on the value in dispute, and lawyers’ fees are freely agreed rather than fixed by official tariffs.
Can a non-resident company or founder be advised on Spanish matters?
Yes. Non-residents earning Spanish-source income fall under the Non-Resident Income Tax, at 24% for taxpayers resident in non-EU/EEA countries and 19% for EU/EEA residents with effective exchange of tax information; capital gains, dividends and interest are generally taxed at 19%. Applicants without sufficient means can apply for free legal aid through the Colegio de la Abogacía of the competent court.
Next step
Tell us about your matter and we will find the right lawyer in Spain
Describe your situation in a few lines — the contract, the dispute or the question you are facing. We review it and match you with a Spanish-qualified lawyer who handles that kind of work. Free, confidential, and with no obligation to instruct.