Drafting Bilingual Contracts in Spain: Legal Best Practices for Businesses

Operating across languages requires contracts that protect your business while remaining clear to all parties. Use these best practices to draft enforceable bilingual agreements for Spanish transactions.

Table of contents

• When bilingual contracts are required
• Structuring Spanish-English agreements
• Key clauses to localise
• Execution and notarisation tips
• Maintaining version control
• FAQs
• Related guides

When bilingual contracts are required

• Joint ventures or sales involving foreign and Spanish parties.
• Employment agreements with international staff relocating to Spain.
• Investor documents and shareholder agreements for cross-border funding rounds.
• Commercial leases or service agreements where one party prefers English.

Some sectors (consumer finance, insurance) mandate Spanish-language documents; bilingual formats ensure compliance while supporting English-speaking stakeholders.

Structuring Spanish-English agreements

• Use side-by-side columns or sequential sections, with Spanish typically taking precedence.
• Add a prevailing language clause stating which version governs in case of conflict.
• Ensure defined terms are translated consistently throughout the document.
• Maintain identical formatting (numbering, headings) in both languages to avoid ambiguity.

Key clauses to localise

Translate and adapt:

• Governing law and jurisdiction to Spanish courts or agreed arbitration centres.
• Data protection clauses referencing GDPR and Spain’s LOPDGDD.
• Tax representations covering Spanish VAT/withholding obligations.
• Termination and penalty clauses that comply with Spanish Civil and Commercial Codes.

Execution and notarisation tips

• Provide the notary with both language versions; some notaries require sworn translations if the foreign party signs only the English version.
• When using powers of attorney, ensure the document authorises signing in both languages.
• Use qualified electronic signatures recognised in the EU for remote execution.

Maintaining version control

• Store bilingual templates in a contract management system with metadata on governing language.
• Track updates with version numbers and change logs in both Spanish and English.
• Offer employees style guides and approved terminology to keep translations consistent.

FAQs

Does the English version have legal standing? Yes, if the contract specifies that both versions are equally authoritative or names a prevailing language.

Do I need a sworn translator? Recommended for high-value deals or when filing documents with Spanish authorities.

Can I issue invoices in English? Yes, but VAT descriptions must meet Spanish tax requirements; keep bilingual records for audits.

Related guides

• Power of Attorney in Spain
• Registering as Autónomo in Spain
• Spanish Social Security Registration for Expats
• Healthcare in Spain for Expats
• Spanish Tax Residency for Expats

Need help drafting bilingual agreements? Book a consultation.