What has been approved and when it applies

The protection of individuals against invasive practices has just taken a major step forward. The Spanish legal framework has been updated to respond to a growing social demand: an end to commercial harassment.

Publication of the regulations in February 2026

The basis for this change is found in the Official State Gazette (BOE). Royal Decree 88/2026 of 11 February was published on 12 February 2026, approving the new 'General regulations for the supply, marketing, and aggregation of electrical energy'. In other words, a complete overhaul aimed at reinforcing your security and rights as a consumer against commercial calls in the energy sector.

Entry into force

The general regulations came into force on the same day they were published in the BOE: 12 February 2026. However, some specific articles related to contracting and protection rights (such as articles 6 and 13) have a grace period and will not take effect for another 4 months. For companies, this means a very limited window to adjust their systems before the new ban on unsolicited commercial calls becomes a reality.

Why the rules have been tightened

Complaints about telephone spam in the electricity sector have been on the rise. According to the oversight reports from the National Markets and Competition Commission (CNMC) and the recommendations of the Ombudsman, bad practices existed, often related to aggressive or non-transparent sales techniques. The objective of these new rules for commercial calls is to strengthen public trust, protect the most vulnerable groups, and ensure that the energy supply is governed by transparency and conscious, informed decisions.

What changes with commercial calls in 2026

It is a complete game-changer. From now on, control is in the hands of each user.

Unsolicited commercial calls are prohibited

This is one of the most important changes. An explicit ban is established on unsolicited telephone advertising and contracting by suppliers when the user is an individual; that is, an everyday consumer. From this moment on, telephone spam from energy companies with which we have had no prior contact is no longer permitted.

What is considered valid consent

For a call to be made, there must be an unambiguous request from the consumer. In other words, consent must be specific to that particular purpose (the call), and the company is obliged to record it to prove that the Government's requirements were met. From now on, pre-ticked and hidden boxes in contracts are a thing of the past.

Ban on repetitive or insistent calls

This law seeks to eradicate commercial harassment practices. By requiring prior and specific consent, automated mass campaigns that generated constant calls are over. Furthermore, the consumer always has the right to know who is calling and why.

New obligations for companies

Companies will no longer be able to hide behind anonymity or third-party companies. The new obligations notably include:

• Full recording: the call must remain recorded and be available to the customer within a maximum of 20 days.

• Clear identification: the company must clearly identify itself from the start.

• Pre-contractual information: before closing any commercial agreement, an easily understandable summary document must be sent to the customer, separate from the contract, outlining the terms discussed.

   

When they can legally call you

Under the framework of consumer rights regarding commercial calls, there are still specific scenarios where communication remains legal.

If you have given explicit consent

This is the clearest case. If you have filled out a form requesting a call or have voluntarily ticked the commercial contact box, the company has the green light, provided it is within appropriate hours.

If there is an active contractual relationship

If you are already a customer of a company, they can call you to discuss matters relating to your current service. They are not permitted to bombard you with spam and unrelated products if you did not expressly agree to receive advertising from the company.

If you requested information yourself

Provided you initiated the contact, the energy company may contact you. For example, if you call to ask about a tariff, the company can respond to that query and complete the requested procedure.

When the call is not commercial

Informational calls regarding safety, power cuts, or technical incidents are not considered commercial spam. In fact, the network operator is obliged to have a 24-hour assistance service for these issues.

What happens if you call first or request information

It is necessary to understand the limits established by the new regulations when we request contact with a company.

If you call, it is considered consent to receive a response, but not to:

• Be included in commercial campaigns without your express permission in the future.

• Receive calls unrelated to your original query. Furthermore, once your query is resolved, the company should not contact you again to sell you other products.

If you request information via a website or email

If you request information digitally, the same rules apply. The company must be able to prove that you explicitly requested contact and, furthermore, if you ultimately decide to sign up, the supplier must first send you the aforementioned summary document, separate from the contract, before formalising anything. This document would include prices, penalties, and the duration of the service.

What changes for commercial home visits

Door-to-door sales have been a source of conflict and abuse, especially for the elderly.

Door-to-door sales prohibited

One of the strongest measures of the new rule is that door-to-door commercial visits are completely banned unless there is a prior appointment expressly requested by the consumer. That is to say, from now on it is not legal for a sales rep to turn up at your front door without prior notice to try to get you to switch electricity companies.

Obligation to identify and provide credentials

In the event that you have requested a visit, the sales rep must identify themselves from the start. The new regulation reinforces the obligation for companies to be transparent at all times.

Protection against 'misleading comparisons'

A common practice among sales reps was to use fake price comparisons or incomplete data. The new regulations prohibit this type of deceptive practice. You now have the right to receive truthful information and to use the CNMC's price comparison tool, which must be explicitly referenced in your contract.

What you can do if you receive a call you haven't asked for

If, despite the new anti-spam rules approved this 2026, you continue to suffer commercial harassment, here is how to defend yourself.

Ask them to remove your data from commercial databases

Data protection is a right. You can expressly prohibit the dissemination of your data through the Supply Point Information System (SIPS) so that companies with which you have no relationship cannot access them.

Record the time, number, and company

To successfully report a spam call, evidence is fundamental. Note down the exact day and time and, above all, identify the company. Remember that they are obliged to tell you who they are as soon as the call begins.

Block the number on your mobile

This is a quick solution to prevent them from continuing to contact you from that specific line; however, it will not prevent spam calls from other numbers or to other users. Reporting them is what will stop them from continuing to act.

Submit a complaint or report

If you receive an illegal commercial call, you can file a complaint with the customer service department of the company that called you. They must provide this service free of charge and respond to you within 15 working days. If you are not satisfied, you can escalate it to the Consumer Arbitration System or the competent authorities of your Autonomous Community.

Join the Robinson List

The Robinson List remains a useful tool to demonstrate your objection to being contacted for marketing or sales purposes.

Your best defence is knowing your consumer rights. The new rules published in the BOE are designed to restore your peace of mind, ensuring that only you decide which company can contact you and when.