Employee confidentiality agreement (Spain)
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For an employer in Spain that wants to set down in writing what information an employee must keep secret, during the contract and afterwards. It defines confidential information, what is excluded, permitted use, the return of documents and equipment at the end and the period after termination, in line with the duty of good faith in the Spanish Workers' Statute and Spanish Law 1/2019 on Trade Secrets. It is not a non-compete clause: it does not stop the employee working for another business later. Both sides sign it. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- A new employee at your business in Spain will see customer lists, prices and recipes that must stay secret.
- Someone is leaving and you want it clear that they cannot take the company's files and data with them.
- Your employer in Spain has asked you to sign a confidentiality agreement and you want one that is fair.
- You want to set out in writing what information is confidential without stopping the employee working elsewhere.
What you fill in
The details the document asks for.
- City
- Date
- Person signing for the employer
- DNI or NIE of the person signing for the employer (Spanish identity number)
- Capacity in which they sign (e.g. sole director, or owner if the employer is an individual)
- Employer (company name or, for an individual, full name)
- Employer's NIF (Spanish tax number)
- Employer's address (registered office, for a company)
- Company's entry in the Spanish Registro Mercantil (if any)
- Employee
- Employee's DNI or NIE (Spanish identity number)
- Employee's address
- Date of the contract
- Position
- Scope of confidentiality
- Months of secrecy after the employment ends
- Additional terms
Common questions
- Does an employee confidentiality agreement in Spain need to be paid for?
- No, if it only protects information: it spells out the duty of good faith the employee already has (art. 5.a of the Spanish Workers' Statute) and does not stop them working later. A post-employment non-compete (art. 21.2) is different: it lasts at most two years for technical staff and six months for others, and is valid only with an effective industrial or commercial interest and adequate compensation. This document is not such a clause.
- How long does confidentiality last after leaving a company in Spain?
- The Spanish Workers' Statute sets no period: the parties agree one in this agreement, in months from the end of the contract. Whatever period is agreed, information that remains a trade secret stays protected by Spanish Law 1/2019 for as long as it keeps that character. What the agreement cannot do is stop the employee working later in the same sector or using the general experience and knowledge they gained.
- Can a confidentiality agreement in Spain stop an employee reporting wrongdoing?
- No. This agreement leaves untouched what the law requires or allows: giving evidence to courts and authorities, reporting breaches through the channels of Spanish Law 2/2023 on the protection of whistleblowers, and informing the workers' representatives in the exercise of their duties. Law 2/2023 prohibits retaliation against anyone who reports through those channels.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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