Discusses the state of direct marketing and what channels are available for companies to use direct marketing.
Last Published: 6/20/2019

Direct marketing in general continues to be an important promotional activity in Spain despite the steady progress of e-commerce. Spain is now the fourth largest B2C market in the EU, behind UK, Germany and France.  Investment in non-traditional marketing continued to increase, reaching Euros 7.3 billion (USD 7.8 billion) in 2018, an increase of 1.3 percent over the previous year.  The main categories include: personalized marketing, decreased by 0.9 percent to Euros 1.9 billion (USD 2.4 billion); on-site advertising, up by 5.9 percent to Euros 1.73 billion (USD 1.84 billion) and in telemarketing up by 10 percent to Euros 1.57 billion (USD 1.44 billion). An important increase is registered in mobile marketing (messaging, advergaming, apps) reaching Euros 53.8 million (USD 63 million) in 2018, up 44 percent over 2017.

The wide range of EU legislation covering the direct marketing sector is applicable in Spain.  Companies are required to provide full and transparent information to consumers prior to the purchase, as well as detailed information on the procedures followed to collect and use customer data. Compliance requirements are stiffest for marketing and sales to private consumers.  New legislation came into effect in 2014 regarding distance selling to consumers and doorstep selling, along with unfair contract terms and consumer goods and associated guarantees. The Directive stipulates core information to be provided by traders prior to the conclusion of consumer contracts, as well as regulating the right of withdrawal.  The Directive also includes rules on the costs for the use of means of payment and bans pre-ticked boxes.

The EU has a single rulebook, titled “the Consumer Rights Directive”.  It covers important areas of Distance Selling to Consumers, Doorstep Selling, Financial Services, and E-Commerce. Consumers have the right to turn to quality alternative dispute resolution entities for all types of contractual disputes including purchases made online or offline, domestically or across borders.  The platform to handle online dispute resolutions became operational at the end of 2015.

Key Links:
Consumer Affairs Homepage
Consumer Rights

Trust is an important competitive factor in this market. The Spanish E-Commerce and Direct Marketing Association (Asociación Española de la Economía Digital) places importance on generating greater consumer confidence and requires members to follow a number of ethical codes, including a code of self-regulatory rules for electronic advertising.

As indicated in Chapter 1, new EU legislation (General Data Protection Regulation (GDPR) covering data privacy came into effect in May, 2018, replacing the previous data protection Directive 1995/46.  The GDPR applies in all member-states of the EU, including Spain.  It is a horizontal privacy legislation that applies across sectors and to companies of all sizes.

Distance Selling of Financial Services

Financial services are covered by a separate directive (2002/65/EC), designed to ensure that consumers are appropriately protected in transactions where consumer and the provider are not face-to-face. In addition to prohibiting certain abusive marketing practices, the Directive establishes criteria for the presentation of contract information.

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.