Spain - Using an Agent to Sell US Products and Services Using an Agent
The legislation governing business activities in Spain is similar to that of other OECD (Organization of Economic Co-Operation and Development) countries.
The most common forms of representation agreements in Spain are:
- Commercial Concessions or Exclusive Distribution Agreements: The supplier agrees to provide its products to a number of distributors within a specific territory and agrees not to sell those products itself within the territory of the exclusive distributor(s).
- Sole Distribution Agreement: Includes the provisions in the above-mentioned Exclusive Distributor Agreement, and reserves the right of the distributor to supply certain products to users in the territory of concession.
- Authorized distribution agreements under the selective distribution system: Distributors are selected according to their ability to handle technically complex products and to retain a certain image or brand name.
- Agency Agreements: The agent promotes and sells the products as if he or she is the principal supplier; informs the principal supplier of all matters relating to the agency.
- Commission Agency Agreements: Involve occasional engagements; agent facilitates the conclusion of an agreement but does not ultimately represent either party.
- Models of distribution contracts and clauses are available on-line from the bookstore of the International Chamber of Commerce. It is recommended that contracts be reviewed by legal counsel prior to signature.
EU standards provide protection for self-employed commercial agents, changes in clauses, competition in the internal market, and payment delays. Companies with grievances regarding inefficient management can contact the European Ombudsman, which will investigate cases.