Due diligence and KYC

How long do I need to keep KYC records?

Ten years as a general rule. Under Art. 25.1 Ley 10/2010 the period runs from the end of the business relationship or the execution of the occasional transaction; once it expires, the documentation must be deleted.

Two limits are often overlooked in practice:

  1. Access restriction after five years: After five years, ordinary internal access to the retained documentation is limited to the brokerage's control bodies — including any technical prevention unit — and, where applicable, those instructed with legal defence (Art. 25.1). The access and disclosure powers of SEPBLAC and other competent authorities are unaffected.
  2. Requirements on the archive: The law does not prescribe any particular software or file format. Art. 25.2 does, in substance, require the archiving system to ensure integrity, correct legibility, protection against tampering, and proper management of the documentation — including timely provision to the competent authorities.

From 10 July 2027, Art. 77 AMLR applies a shorter five-year period as a general rule; a competent authority may require at most five further years in an individual case. How Spain will structure the transition from today's ten years to the future five is still open.

Legal basis: Ley 10/2010, Art. 25; AMLR (EU 2024/1624), Art. 77

Practical tip: The period runs from the end of the business relationship, not from the notary appointment — for mandates that drag on for years or end without a completion, those are two different dates. Record in each file when the business relationship actually ended; without that date, neither retention nor deletion can be justified later.

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AI-assisted tools were used in preparing these FAQs; the content was subsequently reviewed and approved by the Doxario editorial team. They reflect the general state of the law as at the review date shown and do not constitute individual legal or tax advice. To assess your own case — particularly where complex structures are involved (offshore companies, trusts, foundations, communities of heirs) or where the new EU rules leave room for doubt — we recommend consulting a lawyer specialising in Spanish anti-money-laundering law and, on tax questions, a tax adviser. Doxario is a deal management and compliance platform for estate agents in Spain, operated by Blue Pepper S.L.; we therefore have an economic interest in the solutions described in these FAQs. Doxario accepts no liability for decisions taken solely on the basis of these FAQs.

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