Lobbying and compliance: new risks and controls in companies’ dealings with the public sector
Royal Decree-Law 21/2026, in force since 27 August 2026, aims to ensure greater transparency, integrity and traceability in the relationships between interest groups and those holding public office within the General State Administration and its institutional public sector.
It is based on a broad definition of ‘interest group’ (natural persons, legal entities and groups that influence public policy, regulations or administrative decisions) and establishes a state-wide, public and mandatory Register of Interest Groups, managed by the Council for Transparency and Good Governance, which records the identity of the groups, their representatives, areas of interest, funding and lobbying activities.
The legislation also provides for transparency regarding those who have collaborated with interest groups and held public office in the last five years (the ‘revolving door’), establishes principles of conduct (accurate identification, a ban on gifts or benefits that compromise impartiality) and a specific system of offences and penalties, without prejudice to any criminal liability.
As well as determining which companies must be entered in the Register, the regulation requires a review of criminal risk maps (bribery, influence peddling), identifying which areas – not only Institutional Relations, but also sales, procurement, management or business development – and which third parties (consultants, associations, intermediaries) may give rise to exposure.
The article identifies the following as key areas for control: the traceability of interactions with public officials (who, with whom, when and for what purpose); clear policies on gifts, invitations and hospitality; the management of conflicts of interest and the revolving door; and due diligence, contractual clauses and the monitoring of third parties and intermediaries acting on behalf of the company.
It concludes that lobbying is not in itself irregular; rather, the problem arises when influence ceases to be exercised transparently. Therefore, the role of Compliance is not to prevent dialogue with the public authorities, but to ensure that it takes place in accordance with clear rules and verifiable controls.