Includes typical use of agents and distributors and how to find a good partner, e.g., whether use of an agent or distributor is legally required.
Last Published: 6/20/2019

The legislation governing business activities in Spain is similar to that of other OECD (Organization of Economic Co-Operation and Development) countries.

The most common forms of representation agreements in Spain are:

  • Commercial Concessions or Exclusive Distribution Agreements: The supplier agrees to provide its products to a number of distributors within a specific territory and agrees not to sell those products itself within the territory of the exclusive distributor(s).
  • Sole Distribution Agreement: Includes the provisions in the above-mentioned Exclusive Distributor Agreement, and reserves the right of the distributor to supply certain products to users in the territory of concession.
  • Authorized distribution agreements under the selective distribution system: Distributors are selected according to their ability to handle technically complex products and to retain a certain image or brand name.
  • Agency Agreements: The agent promotes and sells the products as if he or she is the principal supplier; informs the principal supplier of all matters relating to the agency.
  • Commission Agency Agreements: Involve occasional engagements; agent facilitates the conclusion of an agreement but does not ultimately represent either party.
  • Models of distribution contracts and clauses are available on-line from the bookstore of the International Chamber of Commerce.  It is recommended that contracts be reviewed by legal counsel prior to signature.


EU standards provide protection for self-employed commercial agents, changes in clauses, competition in the internal market, and payment delays. Companies with grievances regarding inefficient management can contact the European Ombudsman, which will investigate cases.

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