LSSI-CE

What is LSSI-CE?

The Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico (LSSI-CE) was enacted to bring EU eCommerce Directive 2000/31/EC into Spanish law. It was later amended by Royal Decree to align with the EU ePrivacy framework, making it the primary statute governing unsolicited electronic commercial communications in Spain.

The law applies to any information society service provider established in Spain and, in practice, to anyone sending commercial emails to recipients based in Spain. Enforcement is handled by the Secretaría de Estado de Digitalización e Inteligencia Artificial (SEDIA), formerly the SETSI.

Art. 21 — Commercial communications

Article 21 is the heart of LSSI-CE for email marketers. It sets three hard requirements for any commercial electronic communication sent to recipients in Spain:

• Clear identification as advertising

  Every commercial email must be immediately identifiable as such. The word "publicidad" or "publi" must appear at the start of the subject line, or the email must otherwise make its commercial nature unambiguous at first glance.

• No misleading subject lines

  Subject lines cannot be deceptive. Using RE: or FW: prefixes on messages that are not genuine replies or forwards, or using artificial urgency language designed to trick recipients into opening, violates Art. 21.

• Explicit opt-in required

  Sending commercial emails requires prior and explicit consent from the recipient. Pre-ticked boxes and inferred consent do not satisfy this requirement. The only exception is a prior commercial relationship where the sender markets its own similar products or services.

Robinson List (Lista Robinson)

The Lista Robinsonis Spain’s national opt-out registry, operated by the Federación de Empresas de Venta Directa (FECEMD). Individuals who do not wish to receive unsolicited commercial communications — including email — can register their address on the list.

The registry is accessible at listarobinson.es. Businesses can obtain a suppression file for batch comparison before each send.

What MailRadar checks

MailRadar analyses submitted emails for the following LSSI-CE indicators:

• Deceptive subject line — RE: / FW: on non-replies

  Detects RE:, FW:, AW:, and similar reply/forward prefixes on messages that show no corresponding In-Reply-To or References headers, a pattern Art. 21 prohibits.

• Urgency and pressure patterns

  Flags subject lines containing urgency cues — "Last chance", "Expires today", countdown language — that are commonly associated with deceptive commercial intent.

• Robinson List advisory

  MailRadar cannot query the Lista Robinson on your behalf (it requires a registered sender account), but the report flags whether the email is a commercial communication for which a Robinson List check is legally required before sending.

Penalties

LSSI-CE establishes a tiered infraction regime. Email-related violations typically fall under the serious or very serious categories:

Fines are per infraction and can be multiplied when multiple violations are identified in the same campaign. This information is for guidance only — consult a qualified legal professional for advice specific to your situation.

How to comply

A practical checklist for email marketers sending to Spanish recipients:

1. 1

   Use transparent subject lines

   Write subject lines that accurately reflect the email content. Do not use RE:, FW:, or manufactured urgency. Consider prefixing promotional subjects with "[Publicidad]" or "Oferta:" to make commercial intent clear.

2. 2

   Check the Robinson List before every send

   Register as a sender at listarobinson.es, download the current suppression list, and filter your mailing list against it before each campaign. Keep records of the suppression check dates.

3. 3

   Obtain and document explicit opt-in

   Use confirmed (double) opt-in for all contacts. Record the time, IP address, and consent wording at the moment of sign-up. Consent must be freely given, specific, informed, and unambiguous.

4. 4

   Provide a clear unsubscribe mechanism

   Every commercial email must include an easy, cost-free method for the recipient to opt out of future communications. Process unsubscribe requests within the shortest possible time and before the next send.