Key data
| Regulation | Real Decreto 288/2026, of 31 March |
|---|---|
| BOE Publication | 2 April 2026 |
| Entry into force | 31 March 2026 |
| Person appointed | Doña María de la Concepción Campos Acuña |
| Position | President of the Consejo de Transparencia y Buen Gobierno |
| Affected parties | Public administrations, senior officials and entities subject to the Ley de Transparencia |
| Category | Public Sector |
| Year | 2026 |
The Consejo de Transparencia y Buen Gobierno has new leadership from 31 March 2026. Real Decreto 288/2026 formalises the appointment of doña María de la Concepción Campos Acuña as President of this independent body. For public administrations, senior officials and companies working with the public sector, this is not merely an organisational change: whoever leads this body defines how transparency obligations are interpreted and applied.
The Council does not only resolve complaints. It also sets the standard for what is required in terms of active publicity and determines how vigorously good governance infringements are pursued. A change in the presidency may signal a shift in those criteria, although the specific effects will become apparent in the resolutions issued over the coming months.
What does this regulation establish?
Real Decreto 288/2026 has a formally simple content: it appoints doña María de la Concepción Campos Acuña as President of the Consejo de Transparencia y Buen Gobierno. However, its practical relevance goes beyond the appointment itself.
The Consejo de Transparencia y Buen Gobierno is the independent body responsible for supervising compliance with the Ley de Transparencia, Acceso a la Información Pública y Buen Gobierno by public administrations and obligated entities. Its main functions are:
- Resolving complaints submitted by citizens or companies when access to public information is denied.
- Supervising compliance with active publicity obligations by obligated entities.
- Applying the sanctioning policy regarding good governance of senior officials.
- Issuing interpretative criteria that guide how transparency obligations must be fulfilled.
The change in the presidency may entail new interpretative criteria in resolutions of complaints regarding denial of access to public information. These criteria are not generally binding, but in practice they condition how administrations act and how entities defend themselves against complaints.
Economic and operational impact
This appointment does not generate a direct or immediate cost for companies or administrations. However, it has three vectors of operational impact that are worth anticipating:
| Area of impact | Potential risk | Who is affected |
|---|---|---|
| Criteria in access to information complaints | Change in the threshold for what constitutes undue denial | Public administrations and obligated entities |
| Active publicity | New criteria on what information must be proactively published | Public sector contractor companies |
| Good governance sanctioning policy | Greater or lesser intensity in the pursuit of senior official infringements | Senior officials of the Administration |
The real economic impact will depend on the direction the new President sets in her first resolutions and criteria. Companies that regularly contract with the public sector should be particularly attentive, as active publicity requirements may be tightened or reinterpreted.
Who is affected?
- Public administrations at all levels (national, regional and local): they must comply with active publicity obligations and are subject to the Council's resolutions on access to information.
- Senior officials of the Administration: subject to the good governance sanctioning policy applied by the Council.
- Public sector contractor companies: may be affected by changes in the active publicity criteria required in their dealings with the Administration.
- Entities subject to the Ley de Transparencia: organisations that receive public funding or provide public services and are subject to transparency obligations.
- Legal advisors and compliance officers of public sector entities or those with links to it: they must monitor the evolution of the interpretative criteria under the new leadership.
Practical example
A technology services company holding several contracts with different public administrations receives an information request from a citizen regarding the economic terms of one of those contracts. The contracting administration denies access on grounds of commercial confidentiality.
The citizen submits a complaint to the Consejo de Transparencia. Under the new President, the criteria for assessing whether commercial confidentiality prevails over the right of access may change compared to those applied until now. If the new criteria are more favourable to access, the contractor company could be required to accept greater exposure of the terms of its public contracts.
This scenario is particularly relevant for companies operating in sensitive sectors such as technology, consulting, healthcare or infrastructure, where public contracts carry significant weight in their business activity.
What should companies do now?
- Review the current state of active publicity compliance: if your company contracts with the public sector, verify that you comply with all current active publicity obligations before criteria are tightened.
- Monitor the Council's first resolutions under the new leadership: the new President's first resolutions will set the interpretative direction. Follow the publications of the Consejo de Transparencia y Buen Gobierno to detect changes in criteria.
- Review internal protocols for responding to access to information requests: if you are an obligated entity, ensure that your internal procedures are up to date and consistent with the current criteria.
- Alert senior officials in your organisation: if you manage compliance for a public or semi-public entity, inform senior officials that the sanctioning policy may evolve under the new leadership.
- Consult a specialist in public law if you have pending complaints before the Council or anticipate having them, in order to assess how the change in criteria may affect your specific case.
Frequently asked questions
Who is the new President of the Consejo de Transparencia y Buen Gobierno?
Doña María de la Concepción Campos Acuña, appointed by Real Decreto 288/2026, of 31 March, with effect from that same date.
What may change with the new presidency of the Consejo de Transparencia?
Interpretative criteria in resolutions of complaints regarding denial of access to public information may change, as may the active publicity criteria required of entities contracting with the public sector, and the sanctioning policy on good governance of senior officials.
Which companies should pay attention to the change at the Consejo de Transparencia?
Companies contracting with the public sector should review their active publicity obligations, as the new presidency may tighten or modify the criteria required in this area.
When does the appointment of the new President take effect?
The appointment takes effect from 31 March 2026, the date of Real Decreto 288/2026, although its publication in the BOE took place on 2 April 2026.
What is the Consejo de Transparencia y Buen Gobierno and who does it supervise?
It is an independent body that supervises compliance with the Ley de Transparencia by public administrations and obligated entities. It resolves complaints regarding denial of access to public information and oversees the good governance of senior officials.
Official source
View the full regulation at the official sourceDisclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-7455