Working as a freelancer in Spain without a written contract puts you at serious risk of late payment, scope creep and disputes. Our free freelance contract template for Spain is available in Word format, covers all essential clauses and can be adapted to any type of professional service in minutes.
Why do Spanish freelancers need a written contract?
As an autónomo (self-employed professional) in Spain, a written service contract is your primary legal protection. It defines the scope of work, the agreed price, the payment schedule, who owns the intellectual property, confidentiality obligations and what happens if either party wants to terminate early. Without a contract, disputes are resolved by general civil law, which is slow and expensive.
The Late Payment Act (Ley de Morosidad, 3/2004) gives you the right to charge statutory interest on overdue invoices — but only if you can demonstrate the payment terms were agreed. A signed contract is the simplest way to do this.
Essential clauses in a freelance contract
A complete freelance service contract should include a detailed description of the services to be delivered (scope of work), the total price or hourly/daily rate, the payment schedule and accepted payment methods, a late payment clause with statutory interest, intellectual property ownership (who owns the work upon delivery and/or payment), a confidentiality clause, revision and change request procedures, termination conditions and notice period, and the governing law and jurisdiction for disputes.
Who owns the intellectual property?
Under Spanish intellectual property law, the creator of a work owns its rights by default. When you create something as a freelancer, you own it unless you explicitly transfer ownership to the client. Your contract should clearly state whether you are transferring full ownership, granting an exclusive licence, or granting a non-exclusive licence. For software, logos, written content and designs, this distinction is commercially critical.
Late payment rights for Spanish freelancers
The Late Payment Act establishes that commercial payment terms cannot exceed 60 days by default and that statutory interest applies automatically on overdue invoices at the European Central Bank rate plus 8 percentage points. Many freelancers are unaware of these rights and allow clients to delay payment for months without consequences. Including explicit payment terms and a late payment clause in your contract reinforces these rights.
Frequently asked questions
Does a freelance contract need to be notarised in Spain?
No. A standard freelance service contract is legally binding as a private document (documento privado) signed by both parties. Notarisation is not required for service contracts, though it adds an extra layer of legal certainty for high-value engagements.
Can I invoice without a written contract?
Yes, but it is risky. Without a contract, the client can dispute the agreed scope, price or payment terms. A signed contract combined with your invoices is the most effective protection against non-payment.
What VAT rate applies to freelance services in Spain?
Most freelance professional services in Spain are subject to 21% VAT (IVA). Some services such as education, healthcare and certain cultural activities may be exempt. As an autónomo, you also apply IRPF withholding (retención) of 15% (7% in the first three years) on invoices to Spanish business clients.
What happens if the client cancels the project?
Your contract should define a cancellation policy: typically the client pays for all work completed to date plus a cancellation fee (e.g. 20–50% of the remaining project value). Without this clause, you can only claim for work already delivered.
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