Law / Spain

Ley 10/2025 Final Provisions 1 and 3, Disclosure of Automated Personalisation of Offers and Prices to Consumers

Ley 10/2025 de 26 de diciembre, disposiciones finales primera y tercera (BOE-A-2025-26698), art. 27.9 Ley 3/1991 y art. 20.1.c del texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios

In force since .

An AI transparency rule binding private bodies.

As of .

What it requires

  • If you are a trader making an offer to consumers individually, personalised on the basis of automated decision-making, inform them of the parameters used for the personalisation and, for offers on contracts for financial products or services, of the data sources used (Ley 3/1991, article 27, paragraph 9).
  • In contracts concluded at a distance or away from the business premises, give the consumer clear and comprehensible information on the price when it has been personalised on the basis of automated decision-making (Real Decreto Legislativo 1/2007, article 20.1.c).
  • Do not let that personalisation increase the final sale price when demand rises in a context of urgency, risk or need of the consumer, such as a civil protection emergency (article 20.1.c).

What this law does

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Research summary

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Final provision 1 of Ley 10/2025 adds a new paragraph 9 to article 27 of Ley 3/1991 on Unfair Competition. Article 27 of Ley 3/1991 treats as unfair, because deceptive, the practices that it lists. The new paragraph 9 covers practices addressed to consumers individually and personalised on the basis of automated decision-making, without informing them of the parameters used for the personalisation or, for offers on contracts for financial products or services, of the data sources used.

Final provision 3 changes article 20(1)(c) of the consolidated General Law for the Defence of Consumers and Users so that, in contracts concluded at a distance or away from the business premises, the trader gives clear and comprehensible information on the price when it has been personalised on the basis of automated decision-making. That personalisation may not lead to increases in the final sale price when demand rises in contexts of urgency, risk or need of the consumer.

A context of urgency, risk or need is one arising from any situation that can be classified as a civil protection emergency under Ley 17/2015 on the National Civil Protection System. Ley 10/2025 entered into force on .

When LexLint raises it

When your app profile says your app makes high-risk automated decisions or provides financial services.

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