Spain already has a collective action regime in place.

What is the most common type of collective action you are seeing?

Consumer actions.

What are the various ways a group could bring a collective action?

• When the person affected by a harmful event is a group of consumers or users whose component is determined or easily determinable, the standing to sue on their behalf belongs to (i) consumer and user associations, (ii) to legally constituted entities whose purpose is to defend or protect them, and (iii) the affected group themselves.
• When the person/s affected by a harmful event cannot be easily determined, the standing to sue the protection of these diffuse interests exclusively belongs to the consumer organisations that, under the Law, will be considered representative.

If collective actions are permitted, are these opt-in or opt-out actions?

Opt-in.

Does the law currently provide for private collective actions by consumers? 

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

Although punitive damages are not available.

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

Only those bodies which are part of the Consumers and Users Council.

These bodies are not able to bring cross-border actions

Is third party funding of litigation permitted?

However, the market is not well-developed yet.

Is litigation funding permitted for collective actions?

However, the market is not well-developed yet.

Are consumer groups and law firms allowed to advertise the collective actions they are running?

Is there a formal mechanism to settle actions on a collective basis?

If a trader loses a collective action does the law require the trader to publicise this?

However, if the court deems appropriate, it can order a total or partial publication of the judgment or order the defendant publishes a rectifying statement at its expense.

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

The general rules of Spanish Civil procedure will apply.

The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.