Better Internet for Kids

Here, we take an in-depth look at the latest monitoring information for Spain.

BIK policies

Policy design asks whether evidence and research support BIK-related policies and whether systems are in place for monitoring and evaluating those policies.

Policy frameworks

Policy frameworks describe the overarching approach for a better internet, and establish the underlying goals, principles and guidelines that shape individual policies within this area.

In Spain:

• This topic is an important and emerging policy priority.
• There are separate, dedicated policies that address children and the digital environment (protection, empowerment, and participation).
• Although the BIK / BIK+ strategy is not explicitly mentioned in national policies, it has informed policy development on children and the digital environment.
• National/regional policies and policy documents explicitly recognise children's rights in the digital environment.

Read the full Policy monitor country profile for detailed information on key national policy frameworks in Spain.

Policy design

Policy design asks whether evidence and research support BIK-related policies and whether systems are in place for monitoring and evaluating those policies.

• Surveys of children’s digital activities are undertaken but only irregularly.
• Systems are in place at the government level to gather information on children and the digital environment (e.g., dedicated research units, think tanks or commissions).
• Existing national research funding is available for research on children and the digital environment, but this is not explicitly specified.
• Policies are monitored and evaluated but not systematically. It depends on the needs at a particular time or when policies are being considered.

Read the full Policy monitor country profile for detailed information on recent national research studies in Spain.

Policy governance

Policy governance examines how policies are coordinated at the governmental level, whether other implementation bodies are involved in their delivery, and whether structured mechanisms are available to guide their implementation.

• Policy development sits across a range of ministries, and there is no lead with specific assigned responsibility for developing government on policies, guidelines and programmes relating to children and the digital environment.
• Coordination happens more informally across the different departments and entities that contribute to government policies, guidelines, and programmes regarding children and the digital environment.
• One or more programmes of action are underway supporting children’s online safety and participation in the digital environment. However, these lack accountabilities such as defined timelines, assigned responsibilities or key performance indicators (KPIs).

Read the full Policy monitor country profile for detailed information on key policy governance mechanisms in Spain.

Stakeholder involvement

Stakeholder involvement enquires how different stakeholders can participate in policy development. Children’s involvement in policy-making is one such key issue. Additionally, international knowledge exchange about children's digital participation is also relevant to this topic.

• There is a designated multi-stakeholder forum in place which facilitates the involvement of all relevant stakeholder groups.
• Members of the public are regularly and routinely consulted as part of the policy development process.
• Children are listened to directly in the policy development process (e.g., through hearings, consultations, specific surveys) but are not formally involved in decision-making.
• Policy makers actively participate in various EU-level and other international inter-governmental groups related to digital policies for children.

Read the full Policy monitor country profile for detailed information on crucial stakeholder involvement mechanisms in the Spain.

BIK+ actions

Pillar 1 – safe digital experiences

Safe digital experiences refer to actions taken to protect children from harmful and illegal online content, conduct, contact, and risks as young consumers and to improve their well-being online through a safe, age-appropriate digital environment created in a way that respects children’s best interests. 

Responses to EU laws

• The Ministry for Digital Transformation and Public Service has officially designated the National Markets and Competition Commission (CNMC), as Coordinator of Digital Services at the national level. This action is carried out in accordance with the provisions of the Digital Services Act (DSA). In Spain, legislation has not yet been enacted to adapt its implementation, but work is being done on it.

Addressing harmful online content

• The General Law on Audiovisual Content of Spain (LGCA) recognises the importance of self-regulation and co-regulation in the digital environment. The law establishes a framework for developing and implementing codes of conduct by digital platforms to ensure the protection of users, including minors, and to promote competition and transparency in the audiovisual sector.
• There is no single, universally agreed-upon definition of "harmful online content" in Spanish law, regulations, or policies. However, several legal frameworks address various aspects of it:
  • The Organic Law for the Protection of Children and Adolescents against Violence (LO 8/2021)(LOPIVI) (summary available in English) does not include a specific definition of "harmful online content." However, it does define what violence against minors is, including violence carried out through information and communication technologies, such as threats, insults and slander, exploitation, including sexual violence, corruption, child pornography, prostitution, bullying, sexual harassment, cyberbullying, unsolicited access to pornography, sexual extortion, and the public dissemination of private data, carried out through digital media.
  • The Organic Law on Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) prohibits processing personal data that incites violence, hatred, or discrimination.
  • The General Law on Audiovisual Communication (Law 13/2022) categorises certain types of content as "unsuitable for minors" and restricts access accordingly.
• In Spain, the General Advertising Law (Ley General de Publicidad) and the Unfair Competition and Advertising Act (Ley de Competencia Desleal y Publicidad) provide some guidelines on truthful advertising and the protection of consumers from misleading practices. The Spanish Advertising Self-Regulation Code (Código de Conducta Publicitaria) also serves as a self-regulatory framework for the advertising industry. In addition, the Spanish Association of Advertisers (AEA) and the Association for Self-Regulation of Commercial Communication (AUTOCONTROL) developed a Code of Conduct for managing relationships with influencers.

Addressing harmful online conduct

• National/regional laws, regulations, or policies in place to protect children and young people from intimate image abuse are covered under Article 197.7 of the Spanish Penal Code. This provision criminalises the disclosure of intimate images without the consent of the individuals involved. It aims to protect individuals, including children and young people, from unauthorised private and sensitive content sharing. Offenders may face criminal charges, including fines and imprisonment, for violating this provision.
• There is no specific legislation on cyberbullying in Spain, but there are laws that address these behaviours through various legal provisions, and those responsible may be held accountable both criminally and under civil law.
  Article 173 of the Penal Code deals with the "offense against moral integrity." This article can be applied in cases of cyberbullying, often in conjunction with other criminal offenses such as assault, threats, coercion, defamation, or slander. Additionally, when cyberbullying occurs through electronic means, it may also involve computer crimes.

Age verification and digital identity systems

• Law 13/2022 General of Audiovisual Communication (LGCA) obliges providers of video-sharing services through platforms to establish and operate age verification systems for accessing content that may harm minors' physical, mental, or moral development. These systems must also prevent minors from accessing more harmful audiovisual content, such as gratuitous violence or pornography.
• The AEPD has issued guidelines on age verification, setting out principles to balance age-gating with data protection and user privacy. However, there are no specific national technical standards. The AEPD encourages the responsible development and implementation of age verification methods, taking into account factors such as effectiveness, privacy, and transparency.
• In December 2023, the Spanish National Markets and Competition Commission (CNMC) initiated a public consultation on appropriate age verification systems for audiovisual platforms.
• Spain has implemented the use of electronic ID cards (DNI electrónico) for citizens, allowing electronic authentication and signature. It can be obtained at any age, but it is only mandatory for those aged 14 and older.

Pillar 2 – digital empowerment

Digital empowerment incorporates actions so that all children, including those in vulnerable situations, acquire the necessary skills and competences to make sound choices and express themselves in the online environment safely and responsibly.

Supports in formal education

• The Organic Law 3/2020, amending the Organic Law 2/2006 on Education (LOMLOE), is the current educational law in Spain. LOMLOE establishes the general framework for education in the country, with digital competencies, including online safety, considered fundamental in the educational curriculum.
• The curriculum for primary and secondary education includes the development of digital competencies, ranging from basic digital skills to critical understanding of online information and internet safety. Primary education focuses more on basic digital skills, online safety, and responsible technology use, while secondary education delves into critical thinking, digital citizenship, and more in-depth online safety skills. The autonomous communities have some autonomy to adapt and complement the national curriculum according to their specific needs.
• The Common Framework for Digital Teaching Competence (based on the European framework) outlines the skills and knowledge that teachers should possess to integrate technology into teaching effectively. This includes aspects related to online safety.
• There is also the Digital Competences Plan, a national initiative aimed at strengthening the population's digital skills as a whole. This plan addresses topics such as online safety and the promotion of responsible technology use.
• The National Institute of Educational Technologies and Teacher Training (INTEF), under the Ministry of Education, plays a key role in promoting the use of technology in education. It provides teachers diverse resources and training programs covering various topics, including online safety. INTEF collaborates with the Spanish Safer Internet Centre (IS4K), coordinated by INCIBE, to offer specialised training for teachers in cybersecurity and online safety. This collaboration involves the development of training modules, workshops, and other educational resources.

Informal education

• The Ministry of Education offers online courses and resources covering various digital skills, including online safety topics such as responsible technology use, digital citizenship, and critical thinking. Some of these initiatives are conducted together with the Spanish SIC. The SIC provides workshops, webinars, and resources on online safety for diverse audiences, including families, adults, and teachers.

Empowering through digital skills

• INTEF, under the Ministry of Education and Vocational Training, develops digital competency frameworks and provides teacher training. These efforts indirectly contribute to improving young people's digital literacy skills by ensuring educators are well-prepared to guide students in using digital technologies responsibly. Some of these training initiatives and resources are developed in collaboration with the Spanish SIC.
• There are several regional initiatives in Spain aimed at promoting online safety through peer-to-peer training and support programs. For example:
  • The ADA Programme (Andalusian Digital Student Helpers), from the Autonomous Community of Andalusia, aims to raise awareness and provide training to the educational community on preventing bullying and cyberbullying in the educational environment.
  • Cibervolunteers Foundation (NGO) is focused on technological volunteering to promote an inclusive digital transition and eliminate the digital divide.
  • The Cibercooperantes Programme of the Spanish SIC promotes the collaboration of individuals interested in spreading cybersecurity awareness.

Pillar 3 – active participation, respecting children’s rights

Active participation, respecting children’s rights, refers to actions which give children and young people a say in the digital environment, with more child-led activities to foster innovative and creative safe digital experiences.

Active participation

• The Youth Institute (Injuve) in Spain focuses on promoting youth engagement. The Injuve Youth Portal often serves as a platform providing information on youth opportunities, including events, campaigns, and initiatives related to civic participation and digital engagement.
• The Consejo de la Juventud de España (CJE) plays a role in representing and promoting the interests of young people in Spain. It often engages in initiatives related to youth participation, advocacy, and digital engagement.
• Platfaforma de Infancia, a non-governmental organization focused on children's rights, operates in coordination with the Spanish SIC Youth Panel that actively engages young people in promoting online safety.

Inclusivity

• The State Strategy for the Rights of Children and Adolescence (2023-2030) refers to the right of children and adolescents to participate in decisions that affect them, in the creation of safe spaces and to ask for help, learning to participate critically and actively in society. In September 2021, the State Council for the Participation of Children and Adolescents was created in line with the demand of the Committee on the Rights of the Child.
• The current Minister of Youth and Childhood has announced that she will promote the first Youth Law at the national level, based on the Youth Strategy 2030. The draft of the law will start with a process of active participation of young people.

Digital creativity

• The Digital Agenda 2026 and the Digital Skills Plan are two key instruments that aim to stimulate the creation of digital content in Spain. These initiatives promote the development of digital skills among the population, support the production of high-quality digital content, and foster the participation of citizens in the digital economy.

BIK+ index 2024: Spain

The BIK+ index has been developed to provide an aggregated at-a-glance overview of the levels of implementation across the two dimensions, BIK policies and BIK+ actions, in Spain compared to the EU27+2 average. Values are shown in per cent.

Please note, the data used in this page and the corresponding country profile was collected in February 2024.