Key data
| Regulation | Constitutional challenge no. 2331-2026 against Law 10/2025, of December 26, on Customer Service |
|---|---|
| Publication | April 21, 2026 |
| Entry into force | Not specified |
| Affected parties | Companies with customer service operations, especially financial entities |
| Category | Business Regulation |
| Challenged articles | Arts. 7.2, 8.6, 9.2, 13.6, 23.1 and second final provision of Law 10/2025 |
| Regulation modified by final prov. 2nd | Law 44/2002, of November 22, on Measures for Reform of the Financial System |
| New financial provisions challenged | Arts. 9 ter (section 2) and 29 septies (section 4) of Law 44/2002; new letter e) in its third final provision |
| Official source | BOE-A-2026-8697 |
Law 10/2025, of December 26, on Customer Service has been in force for less than four months and already faces a constitutional challenge. Challenge no. 2331-2026, published in the BOE on April 21, 2026, challenges some of its most operational provisions and, specifically, the modifications that this law introduces to the Law 44/2002 on Measures for Reform of the Financial System.
For executives and compliance officers, the message is clear: the regulation remains in force and enforceable, but there is a real probability that part of its obligations will be annulled or modified in the coming months or years. Acting as if nothing has happened would be a mistake; paralysis would also be wrong.
What does this regulation establish?
Constitutional challenge no. 2331-2026 challenges the following provisions of Law 10/2025:
| Challenged provision | Scope |
|---|---|
| Article 7.2 | Specific customer service obligations (Law 10/2025) |
| Article 8.6 | Specific customer service obligations (Law 10/2025) |
| Article 9.2 | Specific customer service obligations (Law 10/2025) |
| Article 13.6 | Specific customer service obligations (Law 10/2025) |
| Article 23.1 | Specific customer service obligations (Law 10/2025) |
| Second final provision — Section One: art. 9 ter, section 2 (Law 44/2002) | New financial obligation introduced in Law 44/2002 |
| Second final provision — Section One: art. 29 septies, section 4 (Law 44/2002) | New financial obligation introduced in Law 44/2002 |
| Second final provision — Section Two: new letter e) in final prov. third (Law 44/2002) | Modification of the regime of the third final provision of Law 44/2002 |
The second final provision is especially relevant for the financial sector because it directly modifies Law 44/2002, introducing new customer service obligations in the banking and financial sector that now remain in legal suspension.
While the Constitutional Court does not order a precautionary suspension, all these provisions remain in force and are enforceable. The challenge opens the possibility of partial annulment or legislative modifications, but does not suspend any obligation by itself.
Economic and operational impact
Legal uncertainty has a real cost for companies, even if it is not directly quantifiable in a single figure:
- Adaptation investments at risk: Companies that have already adapted their systems, protocols and templates to the challenged articles may have incurred costs that could prove unnecessary if the Court annuls those provisions.
- Dual scenario planning: Compliance departments must prepare for two simultaneous scenarios: that the regulation remains intact or that the challenged articles are annulled or modified.
- Risk of non-compliance if adaptation is halted: If a company decides not to comply with the challenged articles while awaiting the Court's ruling, it assumes the risk of sanctions while there is no precautionary suspension.
- Specific impact on financial entities: The new articles 9 ter (section 2) and 29 septies (section 4) introduced in Law 44/2002 impose additional obligations on the banking and financial sector. Their eventual annulment would ease operational burdens, but current uncertainty complicates planning.
Who does it affect?
- Financial and banking entities: They are most exposed, given that the second final provision of the challenge directly modifies Law 44/2002 and introduces new specific obligations for this sector.
- Companies with customer service operations required by Law 10/2025: Any company subject to articles 7.2, 8.6, 9.2, 13.6 and 23.1 of Law 10/2025 must continue complying with those obligations while there is no precautionary suspension.
- Compliance and legal departments: Must monitor the status of the challenge and prepare contingency plans for both possible scenarios.
- CFOs and financial executives: Uncertainty about the validity of certain obligations affects decisions on investment in customer service systems and resource planning.
- Legal advisors and compliance consultants: Must update their recommendations to clients affected by Law 10/2025 taking into account the status of the challenge.
Practical example
A mid-sized banking entity has invested in recent months in adapting its customer service protocols to the new articles 9 ter (section 2) and 29 septies (section 4) introduced in Law 44/2002 by the second final provision of Law 10/2025. It has trained its team, updated its systems and reviewed its contracts with telephone customer service providers.
With challenge no. 2331-2026 underway, the compliance officer of that entity faces a concrete decision: should it continue investing in full adaptation or wait for the Court to rule?
The correct answer, according to the current state of the regulation, is to continue complying. The challenge does not suspend the regulation. If the Court ultimately annuls those provisions, the entity will have incurred adaptation costs that will prove unnecessary, but will have avoided the risk of sanctions during the period of validity. If the Court dismisses the challenge, the adaptation will already be complete and the entity will be in compliance.
The key is to document each compliance decision made during this period of uncertainty, in case it becomes necessary to demonstrate diligence in the event of a potential enforcement proceeding.