Editing Franchising (section)

====Spain====
The legal definition of franchising in Spain is an activity in which an undertaking, the franchisor, grants to another party, the franchisee, for a specific market and in exchange for financial compensation (either direct, indirect or both), the right to exploit an owned system to commercialize products or services already exploited by the franchisor with enough success and experience.

The Spanish Retail Trading Act regulates franchising.<ref>The offer and sale of franchises are governed in Spain by the Retail Trade Act 7/1996 of January 15 as amended by [http://www.boe.es/boe/dias/2010/03/02/pdfs/BOE-A-2010-3365.pdf Act 1/2010 of March 1]. Particularly Article 62 is applicable to franchise agreements. The Act is completed by the [http://www.boe.es/boe/dias/2010/03/13/pdfs/BOE-A-2010-4175.pdf Royal Decree 210/2010 of February 26 on Franchise Agreements].</ref> The contents of the franchise must include, at least:
* The use of a common name or brand or any other intellectual property right and a uniform presentation of the premises or the transport means included in the agreement.
* The communication by the franchisor to the franchise of certain technical knowledge or substantial and singular know-how that has to be owned by the franchisor, and
* Technical or commercial assistance or both, provided by the franchisor to the franchisee during the agreement, without prejudice to any supervision faculty to which the parties could freely agree in the contract.

In Spain, the franchisor submits the disclosure information 20 days prior to signing the agreement or prior to any payment made by the franchisee to the franchisor. Franchisors are to disclose to the potential franchisee specific information in writing. This information has to be true and not misleading and include:
* Identification of the franchisor;
* Justification of ownership or license for use of any trademark or similar sign and judicial claims affecting them as well as the duration of the license;
* General description of the sector in which the franchise operates;
* Experience of the franchisor;
* Contents and characteristics of the franchise and its exploitation;
* Structure and extension of the network in Spain;
* Essential elements of the franchise agreement.

Franchisors (with some exceptions) should be registered in the Franchisors' Register and provide the requested information. According to the regulation in force in 2010 this obligation has to be met within three months after the start of its activities in Spain.<ref>{{Cite book |last=Alonso |first=Ignacio |url=http://www.gettingthedealthrough.com/ |title=Getting the Deal Through |year=2011 |chapter=Franquicia. España}}</ref>