Key data
| Regulation | Royal Decree 371/2026, of May 6, which creates and regulates the Open Government Forum |
|---|---|
| BOE Publication | May 7, 2026 |
| Entry into force | May 6, 2026 |
| Affected parties | Civil society, NGOs, technology companies, academia and public administrations |
| Category | Public Sector |
| Obligations for companies | No direct obligations or sanctions |
| Type of impact | Opportunity for participation and institutional influence |
Technology companies and consultancies working with the Administration have had, since May 6, 2026, a new institutional channel to influence digital public policies. Royal Decree 371/2026 creates the Open Government Forum, a collegiate body attached to the General State Administration, with explicit representation of the private sector.
There are no fines, no adaptation deadlines, no mandatory costs. But ignoring this forum could mean losing positioning against competitors who do participate in designing the policies they will later have to execute.
What does this regulation establish?
Royal Decree 371/2026 creates and regulates the Open Government Forum as a collegiate body of the General State Administration. Its objective is to promote four pillars of public policy:
- Transparency
- Citizen participation
- Accountability
- Public innovation
The forum was created as a direct response to the commitments acquired by Spain within the framework of the Open Government Partnership (OGP), an international initiative that requires member countries to create monitoring and participation mechanisms in their national action plans.
Its main functions are two:
- Monitoring of national action plans on open government
- Formulation of recommendations on transparency, participation, accountability and public innovation
The forum's composition integrates representatives from four areas:
| Area | Type of participant |
|---|---|
| Civil society | NGOs and citizen organizations |
| Private sector | Companies, with special relevance for technology and public consultancies |
| Academia | Academic and research institutions |
| Public administrations | Different administrations of the State |
Economic and operational impact
This decree generates no direct costs. There are no fees, no sanctions and no internal adaptation obligations. The impact is strategic and commercial in nature, not regulatory.
For technology and public consulting companies, the forum represents a concrete opportunity in three dimensions:
- Influence in the design of digital policies: participating in the forum allows you to know and shape the Administration's priorities before they become tenders or regulatory requirements.
- Institutional positioning: presence in collegiate bodies of this type generates visibility and credibility before public decision-makers.
- Anticipation of public contracts: the forum's recommendations on public innovation and transparency can anticipate the technological needs that the Administration will tender in the coming years.
The risk of not acting is not a sanction: it is being left out of the conversation that defines the public technology market in Spain.
Who does it affect?
- Technology companies that provide solutions to the Administration (transparency platforms, digital participation, document management, open data)
- Public sector consultancies specialized in administrative modernization, digital transformation or e-government
- NGOs and civil society organizations with interest in transparency and accountability policies
- Academic institutions and research centers in public management, political science or technology
- Public administrations at regional and local level that want to align their policies with the national open government framework
Individuals, SMEs from other sectors and companies with no relationship to the public sector have no direct impact from this regulation.
Practical example
A consultancy specialized in digital transformation of the public sector decides to request participation in the Open Government Forum as a representative of the private sector.
From that position, it accesses debates on the next national action plans on transparency and public innovation. It identifies that the Administration will prioritize in the coming two years the development of digital citizen participation platforms.
With that information—obtained legitimately through the forum—the consultancy orients its value proposition, develops specific capabilities and positions itself before relevant public bodies before tenders are published. Its competitors, who did not participate in the forum, react when the tender specifications are already published.
This is the real value of the forum: it is not regulatory, it is public market intelligence.
What should companies do now?
- Assess whether your company fits the participant profile: if you operate in public technology, administration consultancy or transparency and open data solutions, this forum is relevant to your business.
- Identify the access channel to the forum: the Royal Decree establishes private sector representation. Contact the General State Administration to learn about the procedure for designating business representatives.
- Follow the OGP national action plans: the forum will oversee these plans. Knowing them allows you to anticipate public procurement priorities in innovation and transparency.
- Consider participation through sector associations: if direct participation is not viable, technology or consultancy sector associations can be the channel to influence the private sector's positions before the forum.
- Do nothing if you are not in the sector: if your company has no relationship with public administration or transparency and public innovation policies, this decree has no operational or economic impact for you.
Frequently asked questions
Does the Open Government Forum generate obligations for my company?
No. Royal Decree 371/2026 does not impose direct obligations or sanctions on companies or individuals. Its impact is one of opportunity: it opens an institutional channel for participation and influence in the design of digital public policies and transparency.
What companies can participate in the Open Government Forum?
The forum integrates representatives from the private sector, civil society, academia and public administrations. Companies with the greatest interest are those in the technology and public consultancy sector, given that the forum focuses on digital policies, transparency and public innovation.
When does Royal Decree 371/2026 of the Open Government Forum come into force?
Royal Decree 371/2026 came into force on May 6, 2026, one day before its official publication in the BOE, which was on May 7, 2026.
What exactly does the Open Government Forum do?
The forum is a collegiate body attached to the General State Administration. Its functions include monitoring national action plans on open government and formulating recommendations on transparency, citizen participation, accountability and public innovation. It responds to Spain's commitments with the Open Government Partnership (OGP).
What is the Open Government Partnership (OGP) and what relationship does it have with this decree?
The OGP (Open Government Partnership) is an international initiative to which Spain is a member. Royal Decree 371/2026 responds directly to Spain's commitments within the OGP framework, establishing a formal mechanism to monitor and implement open government policies at the national level.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information contained herein is based on Royal Decree 371/2026 and publicly available sources. For specific legal advice regarding your company's situation, consult with a qualified legal professional or compliance advisor. CambiosLegales is not responsible for any decisions made based on this information.