Spain creates a mandatory lobby register

On 25 August 2026 the Council of Ministers approved Royal Decree-Law 21/2026, published in the gazette on 26 August and in force from that day, which for the first time regulates at state level the relations between interest groups and the central administration and its public sector. It creates a public, free, electronic and mandatory register, run by the Transparency and Good Governance Council, and tightens the rules that apply to senior officials after they leave office.

Being a decree-law, it must be validated by Congress within thirty days; if it is not, it lapses, although it keeps the effects produced while it was in force. The Government links the measure to a milestone of the Recovery Plan and draws on part of the work done in processing the lobbying bill, which is still in Congress. For companies, associations and firms that deal with the administration, the question is whether their activity counts as influence.

What counts as influence

The rule defines influence activity as any communication, direct or indirect, that seeks to affect public decisions, the application of public policies or the drafting of rules, including that exercised through third parties such as associations or think tanks. Interest groups are individuals or legal entities, and groupings without legal personality, that carry it out on their own account or for others, with no requirement that it be professional or for profit.

Excluded, on a closed list, are public administrations, international bodies, political parties and professional associations when acting in the exercise of public functions. The targets of influence include senior officials, members of private offices, public management staff and public employees with a decisive role in decisions, as well as members of advisory bodies. A company that meets a director general to propose a regulatory change should analyse whether it falls within the scope.

Practical obligations

Without prior registration, meetings or interviews with public staff that involve influence activity may not be held. Registration is formalised with an express commitment to accept the conduct rules, with immediate effect. Groups must declare their identity, their representatives, their sources of funding, the budget for influence and the list of people who have held public office in the past five years. The data are published in open format and updated every fifteen working days.

In addition, each rule-making process in which interest groups take part will generate a “regulatory footprint” report recording the contributions received, their effect on the final text and those not accepted, to be published on the Transparency Portal. For organisations, that means their contributions to public consultations may be reflected. It is advisable to prepare an internal procedure that records who meets whom, for what purpose and with what documents.

Penalties and revolving doors

The penalty regime distinguishes minor, serious and very serious offences. Very serious ones can bring fines of €5,000 to €40,000 and a ban on registering for two to five years; serious ones, according to published analyses, fines of €2,000 to €5,000 and suspension of registration for three months to a year. The Transparency and Good Governance Council investigates and decides.

As for senior officials, for the two years after leaving office they are barred from carrying out influence activities for registered entities on matters related to the powers of their former department. If your organisation has former public officials, review that relationship with your adviser and your compliance officer, and watch the parliamentary process, which may bring changes to the text.

A relationship with the administration is legitimate; now it also has to be traceable.

This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.