Catalan LGBTI Law 2025: what changes after the State-Generalitat agreement

Key data

The Law 13/2025, of December 29, on the rights of LGBTI persons and the eradication of LGBTI-phobia generated a jurisdictional controversy between the Generalitat of Catalonia and the State. Six articles of the regulation were questioned for their possible collision with state powers. The agreement reached on September 22, 2026 in the Bilateral Commission closes that conflict without needing to go to the Constitutional Court.

For companies, HR departments and legal advisors operating in Catalonia, this agreement clarifies the actual framework of obligations: what is enforceable, on whom and with what limits. Below are the key points.

What does this regulation establish?

The interpretive agreement resolves four major blocks of conflict over Law 13/2025:

With this agreement, the Subcommission for Regulatory Monitoring, Prevention and Conflict Resolution of the Generalitat-State Bilateral Commission concludes the jurisdictional controversy and rules out appeal to the Constitutional Court.

Economic and operational impact

This agreement does not generate new direct economic burdens for companies, but it does delimit the operational framework in which those with activity in Catalonia and managing LGBTI persons or immigrant trans persons in their workforce or procedures must operate.

• HR departments in Catalonia: The obligations of Law 13/2025 are enforceable only within Catalan territory. If the company also operates outside Catalonia, the law does not extend to those work centers.
• Management of immigrant trans persons: If an immigrant trans worker communicates their gender identity to the Catalan administration, that communication does not modify their state documentation (NIE, passport, residence permit) or affect their immigration records. The company must continue using the data contained in state documents for procedures that require them.
• Disciplinary procedures and sanctions: The definitions of the law cannot be used as an autonomous basis for imposing sanctions. Any sanctioning regime must be backed by applicable procedural and substantive regulations.
• Popular action by the Generalitat: The Generalitat can only appear as popular prosecution in proceedings related to the law if it has express authorization from the victim and complies with state procedural rules. This limits the scope of possible litigation promoted ex officio by the Catalan administration.

Who does it affect?

• Companies with work centers in Catalonia subject to Law 13/2025.
• HR departments and compliance officers in Catalonia.
• Legal and labor advisors advising Catalan companies.
• Catalan public administrations applying Law 13/2025.
• LGBTI persons and immigrant trans persons residing in Catalonia.
• Immigration law firms managing cases of trans persons in Catalonia.
• Entities and organizations working in the field of LGBTI rights in Catalonia.

Practical example

A company headquartered in Barcelona with a branch in Madrid hires a trans worker of non-EU origin. She communicates her female gender identity to the Catalan administration under Law 13/2025.

Thanks to the agreement, the HR department knows with certainty that:

• That communication only has effects in the jurisdictional scope of the Generalitat (for example, in Catalan public services she uses).
• Her NIE, residence permit and other state documents are not modified by that communication. The company must continue using those documents for contracts, payroll and Social Security procedures.
• If the worker suffers an assault or discrimination and the Generalitat wanted to exercise popular action, it would need express authorization from the worker to do so.
• The obligations of Law 13/2025 do not apply to the Madrid branch, which is outside the Catalan territorial scope.

This scenario illustrates how the agreement reduces legal uncertainty for companies operating in several autonomous communities and with immigrant trans workers on staff.

What should companies do now?

1. Review the scope of application of Law 13/2025: Confirm which work centers are in Catalonia and therefore subject to the regulation. Centers outside Catalonia are not obligated by this law.
2. Update HR protocols for immigrant trans persons: Make it clear internally that communication of gender identity to the Generalitat does not modify state documents. Labor and Social Security procedures must continue using current state documentation.
3. Review the internal sanctioning regime: Ensure that no internal disciplinary procedure is based exclusively on the definitions of Law 13/2025. Any sanction must have backing in applicable procedural and substantive regulations.
4. Inform the legal team about popular action: The Generalitat can only exercise popular action with express authorization from the victim. This is relevant for anticipating possible litigation in which the Catalan administration could appear.
5. Archive the agreement as a regulatory reference: This agreement, published in the BOE on October 28, 2026, is the official and binding interpretation of the six conflictive articles. It should be part of the company's compliance documentation.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-22598