Contract and policy clauses to check before moving

Key rules

• Written consent: Get your employer's written approval to work from Spain before you move.
• Remote-work law: Spanish remote-work law can cover you if you work remotely at least 30% of your time over three months.
• Data: Follow your employer's security policy at home and avoid unauthorised copying or sharing.
• Outside work: A full-dedication clause needs written terms and compensation; without compensation you can take non-competing work.

Check the contract before you book anything

Moving without checking can put you in breach of your contract without you knowing. Read the contract, the remote-work policy and the handbook first. Look for the five clause types below. Then get any change in writing.

Work-location clause

Most foreign contracts name a work location, often your home address or a country. Many also say you need written consent from the employer before working from another country.

Employers give reasons such as tax, social security, immigration, data security and insurance. Some cap temporary stays abroad, often at 2 to 8 weeks a year, depending on the company.

Breaking this clause can lead to disciplinary action, loss of the remote option, or dismissal for serious breach. Spanish mandatory law limits how far an employer can use dismissal, but do not rely on that. Working from Spain without approval can also expose your employer to tax, permanent establishment and social security problems. That is why they take it seriously.

Ask for consent in writing, naming Spain and the dates or the open-ended period.

Equipment and expenses

Spain's remote-work law says the employer must provide and maintain your equipment and pay or compensate your remote-work costs. The amounts are normally set in a remote-work agreement or collective agreement.

It applies to employment relationships under Spanish law, and to people who work remotely regularly: at least 30% of working time over a three-month period. It is mandatory for people who habitually work in Spain, so it can reach a foreign employer. Whether Spanish law governs your contract needs a case-by-case check.

In practice, foreign employers often give a laptop and a fixed stipend. Enforcement is uncertain if the employer has no presence in Spain. Agree in writing what you will get: the laptop, the stipend, internet and furniture.

Data and confidentiality

Data rules apply when personal data is handled in Spain. At home in Spain, follow your employer's security policy. Keep client and company data confidential, and do not copy or share it without permission.

Employers must also respect your digital rights: privacy on work devices, the right to disconnect, and limits on video surveillance and geolocation. Employers must set clear rules for device use. If data leaves the EU, transfers need a legal safeguard, and a data breach must be reported within 72 hours to the AEPD. Report any incident to your employer straight away.

Exclusivity and outside activity

These clauses usually bar other paid work, freelancing, board roles and any work for competitors. In Spain you must not compete with your employer. A full-dedication agreement (pacto de plena dedicación) must be in writing and come with express financial compensation. Without compensation, you can take other work that does not compete.

A ban after the job ends is limited to two years for technicians and six months for other workers. It also needs a real business interest and fair compensation. Unfair competition can justify dismissal. If you are a contractor, exclusivity depends on your commercial contract, not these rules.

What to do next

The decision, timeline and FAQ below take you through asking for changes and the order of checks.

Choosing between options

How should you deal with a clause that conflicts with working from Spain?

• Ask for a written change: The location clause names a home address or a country, or caps stays abroad. Ask for the change before you move.

• Negotiate equipment and expenses: Spanish remote-work law covers you, so your employer must provide equipment and compensate your costs. Ask for the amounts in your agreement.

• Follow the employer's data policy: You handle personal data of your employer or its clients from home. Follow its security rules and ask about transfers outside the EU.

• Do not move yet: Your employer refuses in writing or the clause would bar you from working in Spain.

If a clause blocks working from Spain and your employer will not change it in writing, do not move on those terms.

Timeline and deadlines

• Read the work-location and outside-activity clauses and ask for written consent to work from Spain: before you agree to move

• Check any cap on temporary stays abroad, which is often 2 to 8 weeks a year: before you book your stay

• Check whether Spanish remote-work law covers you, which depends on working remotely at least 30% of your time over a three-month period: over any three-month period of remote work

• Check any non-competition limit after the job ends: two years for technicians, six months for other workers: after the contract ends

Frequently asked questions

Can I take a second job if my contract has an exclusivity clause?

Only if the exclusivity clause is not backed by a written agreement and extra pay, or if the job does not compete with your employer. Under Spanish law, a full-dedication pact must be in writing and come with express financial compensation. Work for a competitor can still justify dismissal.

Who pays for my laptop and home-office costs when I work from Spain?

Your employer must provide and maintain the equipment and pay or compensate the costs if Spanish remote-work law covers you. That applies when you work remotely at least 30% of your time over three months. Foreign employers often give a laptop and a fixed stipend, so ask for the amounts in writing.

Can I be dismissed for working from Spain without approval?

Yes, a breach of a work-location clause can lead to discipline, loss of the remote option or dismissal for serious breach.

What must I do with employer data when I work from my home in Spain?

You must follow your employer's security policy and avoid copying or sharing data without permission. Spanish data rules also protect your own privacy on work devices and your right to disconnect. If a data breach happens, tell your employer straight away, as it must notify the Spanish data protection authority within 72 hours.