You are about to dial a number and a question pops into your head: can I hide my number when I call? Maybe you want to protect your privacy, or perhaps you are reaching out to someone for professional reasons and prefer not to expose your personal number. Whatever your case, the short answer is: yes, calling from a hidden number is legal in Spain, but with important nuances worth knowing.
In this article we explain the full legal framework, the differences between personal, commercial, and recruitment calls, and what you need to keep in mind to avoid crossing any red lines.
What the law says about calls from a hidden number
Spain's General Telecommunications Law (Law 11/2022, of June 28) recognizes users' right to hide their caller ID. It is a service offered by every Spanish carrier, and activating it is as simple as dialing #31# before the number or changing a setting on your phone.
The Criminal Code does not specifically prohibit this practice either. In other words: hiding your number is not a crime in itself. What can be a crime is the use you make of that hidden call.
When calling from a hidden number IS legal
You can hide your number freely if the call has a legitimate purpose. Some common examples:
Protecting your personal privacy. Calling a stranger about an online sale, responding to an ad, or simply not wanting to expose your number.
Reaching out to someone in a professional context. A doctor calling a patient after hours, a lawyer contacting a witness, or a recruiter trying to reach a candidate.
Verifying information without compromising your identity. For example, confirming the availability of a service or product before sharing your details.
When calling from a hidden number is NOT legal
The picture changes radically in these scenarios:
Phone harassment. Calling repeatedly to bother, intimidate, or disturb someone can constitute the offense of harassment (stalking) under the Criminal Code, with penalties that can include prison time.
Threats or extortion. If a hidden call is used as a tool to intimidate, it is a clear-cut offense regardless of whether the number is hidden or not.
Fraud or identity theft. Impersonating another person or entity from a hidden number aggravates the legal situation.
Commercial calls. Here the legislation is especially strict, and it deserves its own explanation.
The special case of commercial calls
Since 2010, Spanish law has expressly prohibited commercial calls from a hidden number. Law 29/2009 classified this practice as aggressive and unfair conduct toward consumers.
The 2022 General Telecommunications Law strengthened this protection even further. Its article 66 establishes users' right not to receive unwanted calls for commercial communication purposes, and the AEPD (Spanish Data Protection Agency) has issued specific circulars setting significant penalties for non-compliant companies.
In short: if you are selling something, whether a product, a service, or a subscription, you must always call from an identifiable number. Penalties for non-compliance can reach 10 million euros or 2-4% of the company's global turnover.
What about recruitment calls? The gray area every recruiter should know
This is where things get interesting, because recruitment calls occupy a particular space in the legal framework. They are not exactly commercial calls (you are not selling a product to the candidate), but they are not purely personal calls either.
A recruiter contacting a candidate: commercial or professional call?
The key distinction lies in the purpose of the call:
If you are calling to offer a job opportunity to a candidate who has published their CV or has a public professional profile, it is understood as a communication within a pre-contractual context (art. 6.1.b of GDPR). It is not a commercial call in the strict sense.
If you are calling to sell recruitment services to a company (commercial prospecting), then it is a commercial call and all restrictions apply.
Legal best practices for recruiters on the phone
Even though the law does not prohibit calling candidates from a hidden number, doing so is a bad idea for both practical and legal reasons:
1. Minimal response rate. Most people do not pick up calls from hidden numbers. In recruitment, response rates drop drastically when the number is not visible, compared to a contact where the candidate can see who is calling and return the call.
2. It creates distrust. In a job market where qualified candidates receive multiple offers, first impressions count. A hidden-number call conveys exactly the opposite of what a recruiter wants to project: professionalism and transparency.
3. GDPR compliance. The General Data Protection Regulation requires the processing of personal data to be "lawful, fair, and transparent" (art. 5.1.a). Calling from a hidden number a candidate whose phone number you obtained through sourcing can conflict with this principle of transparency, especially if the candidate has not voluntarily provided their number for that purpose.
4. The AEPD is watching. The Spanish Data Protection Agency has made clear that candidates' personal data (including phone number) must be processed with all guarantees. If a candidate reports that they have received unsolicited hidden calls related to job offers, you could face a sanctioning procedure.
How to contact candidates legally and effectively
If you are a recruiter, headhunter, or work in talent acquisition, the reality is that the phone is still the most effective channel for connecting with passive candidates. But you have to do it right.
The real problem: finding the right number
Before worrying about whether hiding your number is legal, the real challenge of phone sourcing is something else: getting up-to-date, verified contact information for the candidates you want to reach.
LinkedIn does not show you the phone number on most profiles. Job boards only have data on active candidates. And passive candidates, who are typically the most valuable, are precisely "passive" because they have not left their data in any recent form.
The difference between sourcing well and calling blind
Recruiters who get the best results do not call from hidden numbers: they call with context. They know who they are calling, why they are calling them, and they have reliable contact data.
This is exactly what an AI sourcing tool like HeyTalent enables. Through Boolean searches, HeyTalent helps you identify relevant profiles and access verified contact data, including phone and email, so you can reach out to candidates directly, transparently, and legally.
When you call a candidate showing your real number, with their name and a personalized pitch, the conversation starts in a radically different way than when "hidden number" appears on their screen.
Can a call from a hidden number be traced?
Yes. Even though the recipient does not see your number, your carrier always logs the call. In the event of a complaint, authorities can request a court order to identify the calling number, even if it was set as hidden.
This applies to calls from both mobile and landline phones, and is independent of which carrier you use. Telephone companies are required to be able to disable caller ID suppression when emergency services or a court order require it.
Frequently asked questions
Can I block calls from hidden numbers?
Yes. All modern smartphones (Android and iPhone) allow you to block calls from unidentified numbers from the phone settings. There are also third-party apps that offer more advanced filtering.
Is it legal for a company to call me from a hidden number to sell me something?
No. Commercial calls from a hidden number have been prohibited in Spain since 2010. If you receive one, you can file a complaint with the AEPD.
Can a recruiter call me without me having given my phone number?
It depends on where they got your number. If it is on a public CV, an open professional profile, or a database where you gave consent, the legal basis can be legitimate interest or pre-contractual measures. If there is no clear legal basis, processing your number can be unlawful. In any case, the recruiter must identify themselves and explain how they obtained your data.
How big is the fine for making commercial calls from a hidden number?
Penalties can be very significant. Under GDPR, fines can reach up to 10 million euros or 2-4% of global annual turnover, whichever is higher. The AEPD has already imposed sanctions of tens of thousands of euros in documented cases.
Conclusion: legal yes, advisable depends
Calling from a hidden number in Spain is perfectly legal for personal use and in contexts where privacy justifies it. But if you work in sales, telemarketing, or any commercial activity, forget about hidden numbers: it is illegal and the penalties are severe.
And if you are a recruiter, the question should not be "can I hide my number?" but "how do I get the right data to call with confidence?". Having access to verified contact information completely changes the dynamic of the call and, in passing, keeps you on the right side of the law.
If phone sourcing is part of your day to day, discover how HeyTalent can help you find the contact data you need to connect with candidates in a direct, professional, and legal way.
This article is for informational purposes only and does not constitute legal advice. For specific questions about your situation, we recommend consulting a legal professional.