Legal definitions
In Spain, a “child” or “minor” is defined as any person under 18 years of age. The age of consent for sexual activity is 16, subject to a close-in-age exception.
The Spanish Criminal Code defines “child sexual exploitation” to include child prostitution, pornographic performances, distribution of child pornography, and related trafficking offenses. “Child pornography” or child sexual abuse material (CSAM) is defined as material depicting a minor, or a person appearing to be a minor, engaged in real or simulated sexually explicit conduct or depiction of sexual organs for primarily sexual purposes, including realistic images.
“Child sexual abuse” is not separately defined and is addressed under “sexual assault,” which is defined as sexual acts without consent, with enhanced penalties when committed against minors. “Grooming” and “enticement” are criminalized where contact is made with minors under 16 to arrange sexual activity or create or distribute CSAM.
“Sextortion” is not specifically defined in legislation but may be prosecuted under existing offenses such as threats, extortion, sexual exploitation, privacy crimes, or CSAM provisions.
Regulatory requirements/recommendations
As an EU Member State, Spain is subject to the Digital Services Act, which does not require online platforms to proactively monitor all user content. However, Spanish Criminal Procedure Law requires anyone who becomes aware of a criminal offense to report it; that obligation applies to online platforms. Audiovisual service providers are also required to ensure their services do not contain CSAM and to implement systems such as content controls, age verification, parental controls, and notice mechanisms to protect minors.
Age verification requirements/recommendations
The DSA, which applies in Spain, does not require online platforms to implement any method of age verification before allowing access to their services. Spanish law contemplates age verification measures for certain websites, such as those selling alcohol, without requiring all online platforms to verify users’ ages before granting access.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services.
Legal remedies for child victims
Child victims of online sexual exploitation in Spain may seek court-ordered removal or blocking of CSAM and request interim injunctions requiring platforms to act. Courts may also issue protective measures prohibiting offenders from contacting the victim or repeating the conduct, including online. Victims may pursue civil damages for moral and material harm, including violations of honor, privacy, and image rights.
"Safety by Design" requirements
Spain does not have a standalone “Safety by Design” statute. However, platforms are subject to the DSA’s risk-based framework, national supervision by the designated Digital Services Coordinator, and child-protection obligations under Organic Law, which collectively require platforms to assess and manage risks to minors.