Any Spanish company or organisation hiring staff for activities involving regular contact with minors (schools, academies, camps, sports clubs, educational leisure activities) must be aware of a legal obligation that allows no exceptions: the Certificate of Sexual Offences.

The legal basis: LOPIVI

Since Organic Law 8/2021 of 4 June on the comprehensive protection of children and adolescents against violence (LOPIVI) entered into force, this certificate has been a mandatory legal requirement — not merely a best-practice recommendation — for access to and the exercise of any profession, trade or activity involving regular and habitual contact with minors, both in paid employment and volunteering. The rule builds on Royal Decree 1110/2015, which created the Central Register of Sex Offenders and Human Trafficking Offenders, subsequently updated by Royal Decree 407/2024.

What “regular contact” means in practice

The AEPD clarifies that the obligation applies where minors are the primary recipients of the activity (a teacher, camp counsellor, coach of a children’s team), not where minors may merely be present incidentally (for example, a delivery driver delivering parcels to a school). This distinction is important in order not to

require the certificate for roles that do not need it, while ensuring it is required for those that do.

How it is requested and who provides it

The procedure is straightforward and, unlike the general criminal record certificate, free of charge: the candidate requests it through the Ministry of Justice’s electronic portal or in person and voluntarily provides it to the employer. The company, for its part, should limit itself to confirming — and in many cases declaring in writing — that the role offered does in fact involve regular contact with minors, as this confirmation legitimises the request.

What happens if the certificate is not clear

A positive result (i.e. where offences are recorded) does not automatically authorise the employer to disclose the reason for rejecting the candidate and must be handled with the same discretion and proportionality as any special-category data. The decision not to continue the recruitment process should be documented in accordance with the legal purpose of the rule: protecting minors, not disproportionately stigmatising the individual.

See also: Human Risk and Background Checks in Spain: The 2026 Reference Guide and Criminal Record Certificates in Spain: What an Employer May (and May Not) Require