Mutual non-disclosure agreement (NDA) (Spain)
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For two businesses or professionals in Spain who will exchange confidential information before working together, investing, selling or developing a project: a Spanish reciprocal agreement with the purpose, what is and is not confidential, the duties, how long they last after the relationship ends, return of materials, trade secrets under Spain's Law 1/2019 and, if agreed, a penalty in words and figures. Signed in two copies. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- Before working with another company in Spain, you are going to swap sensitive information.
- A possible investor or buyer wants to see your business figures first.
- You are developing a project with another firm and want both sides' ideas kept secret.
- You need a non-disclosure agreement that binds both parties equally.
What you fill in
The details the document asks for.
- City
- Date
- First party
- First party's NIF (Spanish tax number, if a business)
- First party's address
- First party's representative
- DNI or NIE of the first party's signatory (Spanish identity number)
- Capacity in which the first party's signatory signs (e.g. director, or in person)
- Second party
- Second party's NIF (Spanish tax number, if a business)
- Second party's address
- Second party's representative
- DNI or NIE of the second party's signatory (Spanish identity number)
- Capacity in which the second party's signatory signs (e.g. director, or in person)
- Purpose for which the information is shared
- Years the confidentiality lasts after the relationship ends
- The penalty in Spanish words (e.g. «tres mil euros»)
- Penalty for a breach (euros, if agreed)
Common questions
- What does Spain's Trade Secrets Act add to a non-disclosure agreement?
- Spain's Law 1/2019 protects secret information with business value that its holder protects with reasonable measures (art. 1). Signing a non-disclosure agreement is one such measure, and allows, besides a claim for breach of contract, the actions of that law against anyone who obtains, uses or discloses the secret without permission. It works between companies and with self-employed professionals alike.
- Can a Spanish court reduce the penalty agreed in the non-disclosure agreement?
- The court reduces the penalty when the obligation was performed in part or irregularly (art. 1154 of the Spanish Civil Code); according to the Supreme Court, it does not reduce it when the penalty was agreed for exactly the breach that occurred. The penalty is optional: if you leave its fields empty, it disappears from the agreement. As worded, it does not prevent a claim for damages exceeding its amount as well (art. 1152).
- How many years should confidentiality last under a Spanish NDA?
- The parties decide: the agreement keeps it while information is exchanged and for the number of years you set after the relationship ends, and extends it to trade secrets for as long as they remain secret. Choose a period in proportion to the value of the information; a very long period for information that will soon be public adds little.
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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