Stopping unwanted marketing emails under Spanish law (LSSI)

Key rules

• Consent: Marketing emails need your prior request or clear agreement, apart from a narrow exception for existing customers.
• Unsubscribing: Unsubscribing must be simple and free, and the sender cannot ask you to pay or take extra steps.
• Complaints: If emails continue after you unsubscribe, you can report the sender to the AEPD.

What the law says about marketing emails

A company needs your permission before it sends you marketing by email or similar electronic message. You must have asked for it or clearly agreed to it beforehand. A pre-ticked box or silence does not count.

When a company can email you without permission

There is one narrow exception for existing customers. A company can email you if all three points apply:

• You have bought from it before.
• The email is about its own products or services that are similar to what you bought.
• You were offered a simple, free way to say no when your details were collected, and you are offered it again in every message.

Anything else, such as offers for unrelated products or from other companies, needs your consent.

How to unsubscribe

Every marketing email must give you a simple, free way to stop further messages. This is usually an unsubscribe link or a reply address.

• The email must be clearly marked as commercial, for example with the word "publicidad".
• The sender cannot make you pay or go through extra steps to unsubscribe.
• Use the link or address in the email, and keep proof of your request. A screenshot is enough.

How fast the sender must stop

The law sets no fixed number of days. The sender must act on your request without undue delay. If you object to direct marketing, data-protection rules say the sender must honour it immediately and free of charge. Emails that keep arriving after you unsubscribe are a breach.

If the emails keep coming

Report the sender to the AEPD, a complaint handled by the data-protection agency that also enforces these email rules. You can file online with a digital certificate or Cl@ve, use the online form, or file on paper. Attach the unwanted email saved with its full headers, plus your proof of unsubscribing. Having tried to unsubscribe first makes your complaint stronger.

If your problem is about a purchase or consumer rights rather than the emails themselves, you can also go to your regional consumer body.

The timeline, documents, checklist and FAQ below cover the steps in more detail.

Timeline and deadlines

• Use the unsubscribe link or reply address in the email: as soon as you get an unwanted marketing email

• Expect the sender to stop emailing you: without undue delay after you unsubscribe

• Keep proof of your unsubscribe request: on the day you send it

• File a complaint with the AEPD if emails keep arriving: if marketing emails continue after you unsubscribed

Documents you need

• The unwanted marketing email, saved with its full headers (the technical details behind the message), to show who sent it.

• Proof of any unsubscribe request you made, such as a screenshot or a copy of your message to the sender.

• A digital certificate or Cl@ve (Spain's online identity system) to file online. You can instead use the online form or file on paper.

Checklist

• Use the free unsubscribe link or reply address in the email.

• Do not pay or take extra steps to unsubscribe, as the sender cannot require them.

• Save a screenshot or copy of your unsubscribe request.

• Report the sender to the AEPD, Spain's data-protection agency, if emails continue.

Frequently asked questions

Can a company email me if I bought from it before?

Yes, a company can email you about similar products or services if you are an existing customer and you were offered a simple, free way to object. That offer must have been made when your data was collected and in every message. Without a prior purchase, the company needs your request or clear permission first.

Can I complain to a consumer body instead of the AEPD?

Yes, you can also send a consumer-protection complaint to your regional consumer body. The AEPD, Spain's data-protection agency, is the office that handles unsolicited commercial emails and data-protection breaches. Having tried to unsubscribe first strengthens your complaint.