The activity of electricity supply plays an essential role in the functioning of the market, facilitating competition, consumer protection, and the proper contracting and management of supply. In an especially dynamic regulatory environment subject to increasing obligations, energy suppliers need legal support to ensure regulatory compliance and minimise their exposure to sanctions and operational risks.
At SD Verdia we offer comprehensive advice to established energy suppliers and corporate groups seeking to start or reorganise their operations. Our team combines regulatory, administrative, and contractual experience, providing a strategic perspective that facilitates decision-making and ensures compliance with the obligations applicable at every stage and in every aspect of the activity.
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We answer the most common questions about electricity supply and the requirements to operate as a retailer.
Supply, or retail, is the activity of buying energy in the markets to sell it to consumers —including those under the surplus-compensation scheme of self-consumption. It can be carried out by any commercial company (or registered cooperative) whose corporate purpose allows it to buy and sell electricity and which meets the legal, technical and economic capacity requirements.
Since Royal Decree 88/2026 came into force, no prior authorisation is required: it is enough to submit a responsible declaration to MITECO. The retailer must demonstrate legal capacity (a commercial company with the appropriate corporate purpose), technical capacity (meeting the requirements of a buyer in the market and starting to buy energy within a maximum of six months) and economic capacity (depositing guarantees before the system operator and the market operator). The CNMC publishes and updates a monthly list of retailers.
The framework is made up of the Electricity Sector Act (Law 24/2013) —which requires the unbundling of activities— and Royal Decree 88/2026, of 11 February, which approves the General Regulation on the supply, retail and aggregation of electricity and sets out the requirements and obligations of retailers.
The retailer must buy enough energy for its portfolio, pay access tolls and charges, maintain the deposited guarantees and report any change in its data within the established deadline. Royal Decree 88/2026 regulates retail and demand aggregation jointly, making it easier for retailers to offer new flexibility services to their customers.
