The European Union and Spain have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The European Union and Spain have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Spain transposed the Directive through Law 1/2019, of February 20, 2019, on Trade Secrets.

It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Art. 3.2 of Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

It is reported that Spain does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required for SMP operators. Telefónica is required in several markets, all operators in relation to the call termination markets in fixed or mobile networks with respect to their own networks and Cellnex Telecom in the market for the transmission of television signals.

It is reported that the National Commission for Markets and Competition (CNMC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Spain, the Directive has been transposed with the Royal Decree-Law 3/2020.

The Law on Public Sector Contracts, Art. 1, applies the principles of freedom of access to tenders and non-discrimination and equality of treatment among bidders. However, Art. 68 stipulates that tenderers may not participate in public procurement procedures when they do not come from countries that are part of the EU, the European Economic Area or the WTO Government Procurement Agreement or countries that admit the participation of Spanish companies in their public procurement procedures (principle of reciprocity).
Additionally, Art. 68(2) stipulates that specific administrative clauses may require non-European companies that are awarded works contracts to open a branch in Spain, with the appointment of proxies or representatives for their operations, and to be registered in the Mercantile Register.

According to the Royal Decree 571/2023, both local and foreign private entities can establish and own businesses with no limits on foreign ownership.

Decree-Law No.20/2022 extended the temporary regime from Royal Decree-Law No. 8/2020, which requires approval from the Ministry for Industry, Trade, and Tourism for certain foreign direct investments (FDI) in Spain. This regime, initially set to end in March 2020, has been extended to December 31, 2024. The General Screening Mechanism applies to FDIs in strategic sectors such as telecommunications, artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, nanotechnologies, advanced materials, advanced manufacturing systems, and activities that may impact national security, public order, and public health. Temporarily, Royal Decree-Law 20/2022 requires FDI transactions to receive authorisation if they involve: (i) listed companies in Spain or unlisted companies where the investment exceeds EUR 500 million; (ii) investors or beneficial owners controlling more than 25% of the investor from other EU or EFTA countries; or (iii) acquisitions where the investor holds at least 10% of the Spanish company's share capital or gains control according to criteria in Art. 7.2 of Law 15/2007 on Competition Defence.

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act.

Slovenia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Slovenia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.