Compliance in debt collection is a topic that generates far more anxiety than it warrants — primarily because most of the compliance conversation is about consumer debt collection, where regulations are strict, prescriptive, and carry significant penalties. Commercial B2B debt collection operates under a substantially lighter regulatory framework, particularly in Spain.
That doesn't mean there are no rules. It means the rules are different, and understanding what they actually require (rather than what consumer-focused compliance guides suggest) lets you pursue debts confidently.
What Applies: The B2B Regulatory Framework in Spain
Ley 15/2010 (Late Payment in Commercial Transactions). The primary legislation governing commercial debt collection. Mandates payment terms (30 days, extendable to 60), establishes statutory interest (ECB + 8%), and provides for fixed recovery costs (€40 per invoice). This law creates creditor rights, not creditor restrictions. Compliance means claiming your entitlements correctly — not navigating restrictions on how you collect.
Ley de Enjuiciamiento Civil (LEC). Governs court procedures. Compliance means filing correctly, meeting deadlines, and following procedural requirements. Your attorney and procurador handle this — it's their profession.
RGPD / LOPDGDD (Data Protection). The EU General Data Protection Regulation and Spain's implementing law apply to personal data processing in debt collection. For commercial debts, this primarily concerns personal data of individual directors, signatories, and contacts. Processing personal data for debt recovery is a legitimate interest under GDPR — but the data must be handled in compliance with data protection principles (purpose limitation, data minimisation, accuracy, storage limitation). Your collection agency should have documented GDPR compliance procedures.
Competition law. Relevant only in specific circumstances — for example, if collection activities could be construed as anti-competitive behaviour (coordinated action among creditors against a debtor). Standard commercial collection doesn't raise competition concerns.
What Doesn't Apply: Consumer Regulations
The FDCPA (US), the Consumer Credit Act (UK), and similar consumer protection legislation do not apply to B2B commercial debt collection. These regulations restrict collection practices against individual consumers — calling hours, communication methods, disclosure requirements, validation notices. None of these restrictions apply when one business is collecting a commercial debt from another business.
This distinction is significant. It means commercial collectors in Spain can: contact the debtor at any reasonable time, communicate through any channel, contact the debtor's business associates and office staff, issue formal demands without consumer-specific disclosure requirements, and report the debt to commercial registries (ASNEF, RAI) without the restrictions that apply to consumer credit reporting.
What You Can't Do (Even in B2B)
Misrepresent the debt. Claiming the debtor owes more than they do, fabricating documentation, or misrepresenting legal consequences. Spanish law prohibits fraudulent misrepresentation regardless of context.
Threaten actions you can't take. Threatening criminal prosecution for a civil debt, threatening consequences that don't exist under Spanish law, or threatening actions you have no intention of following through on.
Ignore insolvency protections. If the debtor has entered concurso de acreedores (formal insolvency), collection actions are automatically stayed. Continuing individual collection outside the insolvency framework violates the stay.
Violate data protection. Processing personal data beyond what's necessary for debt recovery, retaining data longer than required, or failing to respond to data subject access requests. These are GDPR obligations that apply regardless of the B2B context.
Compliance Best Practices
Document everything. Every demand, every phone call summary, every debtor communication. Documentation protects you if the debtor challenges the collection process and supports legal proceedings if needed.
Use a professional agency. A reputable agency has compliance procedures built into its operations: documented collection policies, GDPR compliance, trained staff, and legal oversight. This is one of the practical advantages of engaging a professional rather than attempting collection independently.
Follow the structured process. Amicable collection → attorney demand → legal proceedings → enforcement. Each stage is well-established under Spanish commercial law, and following the established process keeps you well within compliance boundaries.
FAQ
Can a commercial debtor claim harassment?
In theory, persistent unwanted contact could be challenged under general civil law principles. In practice, structured professional collection through a reputable agency doesn't approach harassment territory. The agency's process involves scheduled, documented contacts through appropriate channels — not aggressive or abusive behaviour. Courts distinguish between legitimate commercial pressure and harassment.
Do I need to comply with FDCPA if I'm a US company collecting from a Spanish debtor?
The FDCPA applies to consumer debt collection within the US. It doesn't apply to B2B debts, and it doesn't apply to collection activities conducted in Spain under Spanish law by a Spanish agency. Your compliance obligations are governed by Spanish law (for collection activities in Spain) and your home country's law (for any activities conducted from your country). Your Spanish agency handles compliance in Spain; you handle compliance at home.
María Solé
💥 Madrid-based Legal Counsel / Spanish Commercial Law & Cross-Border Enforcement Specialist
