Yesterday 9th of May 2020 the Spanish Government has published the Order 399/2020 regulating the opening of commercial premises, under a new regulation, adapted to PHASE 1 of  the Government plan for lifting the restrictions of the state of alarm.

The Order allows the operation of shops, workshops, and service facilities, under a regulated and careful operation, and lifts some of the current exorbitant restrictions for the businesses which remained open.

The mobility within the Provinces of Murcia and Almería has been implemented, as well as for most of Alicante Province.

The new regulations officially published so far, and applicable from Monday 11th of May, says that:


Those with a maximum of 400 sqm of exhibition and sale areas (this is clearly referring to front office: areas where your clients can access).

Those shops in Commercial Centers, Malls, and Parks can open provided they have a direct and independent access from outside. Otherwise they are to continue closed.

The businesses that remained open in the former phases of the crisis can now increase their service surface up to 400 m.sq. with no restriction in the range of products offered.

What a wonderful World

Businesses which can attend only previous appointment:

Car dealer and garden centers

Automotive dealers, technical inspection stations of vehicles and garden centers and plant nurseries whatever their useful surface exhibition and sale.

Maximum surface rule does not apply to this group.

Bets and game

Can open only those which have a national concession, except for those that are located

inside shopping malls or commercial parks, without direct and independent access from the outside.


30% reduction of the instant maximum number of clients

The commercial premises must reduce the allowed simultaneous affluence of clients by 30%. Should the premise have more than one floor, this reduction applies to each floor.  

Minimum social distance of 2 meters is to be guaranteed.

If a premise cannot guarantee the minimum social distance of 2 meters, then only  one  client at a time is allowed.

Identify and communicate the hours for priority service to clients over 65

You will need to define and communicate a time of priority for clients over 65 years old.



Pick up service

All the shops and businesses now allowed to reopen can set up a pick up service for the goods sold over the phone or online, provided they secure that this does not generate an agglomeration of people.  

Home delivery

A Home Delivery system can be implemented, preference for specific collectives is valued.

Open air markets will open when the respective City Council so decides. The respective City Council will dictate specific regulation, decreasing the number of market shops to 25% and the clients to 33%, or increasing the surface of the open air market in proportion.


Distance to the clients

With protection elements or barrier: minimum 1 meter

No protection elements of barrier: minimum aprox. 2 meters

Special cases of distance

The distance between shops and the “passers by” in the  open air markets will be 2 meters at least.

When social distance is impossible

In the case of services that do not allow the maintenance of the distance of interpersonal security, such as hairdressing salons, beauty centers or physiotherapy, the appropriate protective equipment must be used according to the level of risk to ensure the protection of both the worker and the client. The 2 meters distance client to client is to be observed in any case.


Just the time needed

The client can only be in our premises the time needed to purchase or receive the service.

Distance markers

If you can have more than one client at a time, then the 2 meters distance is to be marked so that the clients are aware (floor paint or stickers, or beacons are recommended).

It is forbidden that two clients are served by the same employee simultaneously.

Hidroalcoholic gel

It is mandatory to make it available for clients.

At the entrance to the premises it is required that a hydroalcoholic gel dispenser is available to clients and ready to be used.


An employee must render service in those areas so as to avoid the manipulation of the products by the clients.


To avoid the direct manipulation by successive clients no testers or products on trial are allowed such as cosmetic, parfums, and similar products.

Fitting rooms

Clothing shops and workshops will clean and disinfect the fitting room after each use.

Clothing sold or used in the fitting rooms

Any clothing used for fitting and nor purchased, or purchased and then returned, will be sanitized prior to offering it to other clients.


Announcement and compliance

The outlets must exhibit the limited capacity of simultaneous clients awarded to the premise (in the operational license), and they must ensure that the 2 meters interpersonal distance is kept.

Counting the clients

The premise must establish a system to control the number of simultaneous clients, so as to avoid infringing the limitation of capacity. The employees count for this purpose.

Inside premises circulation

The organization of the circulation of people and the distribution of spaces inside the premises

should be modified, when necessary, in order to guarantee the possibility of

maintain the interpersonal safety distances required at all times.

Should the premises have two or more doors, it is possible to

establish differentiated use for entry and exit, thus reducing the risk of


The parking

The control of the use of the parking (for clients or employees) should the readers of tickets not work automatically without contact, will be done by a manual and continuous control by the personnel of security, for better monitoring of capacity regulations.

In such case the security personnel will supervise the compliance of the staggered arrival and departure rules for employees.  to and from their job, according to the shifts established by the center.

When using security personnel for the control of the parking In this case the doors that are in the path between the parking lot and the access to the store or employee locker rooms will remain open, unless strict security reasons recommend otherwise.

They could do a good picture out of this


These specific conditions will have to be complied in addition to the general hygiene conditions indicated below.

Cleaning and disinfection twice a day, and special cleaning

Special attention

Paying special attention to the most frequently contacted surfaces, such as door knobs, counters, furniture, handrails, vending machines, floors, telephones, hangers, cars and baskets, taps, and other items with similar characteristics.

Closing cleaning

The premises will be cleaned at the end of the day (counts as one out of the two cleanings)

Mid-day cleaning

During the day, and preferably at noon, the premise will close for maintenance, cleaning and replacement of goods in the  shelves. The time chosen to close and clean will be communicated to the clients in boards or using speaker

Shift cleaning

Work posts will be cleaned and disinfected at the end of each shift, with special attention to  counters and tables or other elements of the stalls in markets, partitions where appropriate, keyboards, payment terminals, screens, touchscreens, work tools and other elements susceptible to manipulation, paying special attention to those used by more than one worker.

Shared work posts cleaning        

In case there is more than one employee at time dealing with clients then the cleaning measures will apply also to private areas of workers, such as changing rooms, lockers, toilets, kitchens and rest areas

Toilets, taps and door knobs cleaning

 At least once a day, the operation and cleanliness of the toilets, taps and door knobs for toilets in establishments and premises retail stores.

Vending machines and self-service laundries

In the case of automatic vending, vending machines, laundries self-service and similar activities, the owner of the same must ensure the compliance with adequate hygiene and disinfection measures for both machines as well as the premises, as well as informing users of its correct use through the informational signage installation. In any case, the measures will apply provided for in article 6.

Toilets not to be used, with exceptions

The toilets of commercial establishments will not be used by the clients, except when it is strictly necessary. In the latter case, will immediately proceed to clean toilets, taps and door knobs.

Sorry to inform that the Revenue also opens…


The general conditions apply on addition to the specific conditions indicated above. When you identify a conflict in your business between the specific conditions and and the general conditions, you may choose to apply the specific condition, after consideration and advice, should it make sense to your business, though our recommendation is to apply the safest solution.


Risk prevention plus new prevention measures.

Without prejudice to compliance with the labor risk prevention regulations and labor regulations, the operator of the economic activity shall take the necessary measures to comply with the hygiene and/or prevention measures for workers.

Hydroalcoholic gels or disinfectants with viricidal activity, protective equipment

In this regard, it shall ensure that all workers have permanently at their disposal in the workplace hydroalcoholic gels or disinfectants with viricidal activity authorized and registered by the Ministry of Health for the cleaning of hands, or where this is not possible, water and soap. In addition, where the interpersonal safety distance of approximately two meters cannot be guaranteed, it shall ensure that workers have protective equipment appropriate to the level of risk. In this case, all personnel must be trained and informed about the correct use of the aforementioned protective equipment.

The preceding paragraph shall also apply to all workers of third parties delivering services to the outlet.

Fingerprint replaced

Fingerprint signing shall be replaced by any other time control system ensuring adequate hygiene measures for the protection of the health and safety of workers, or the signing device shall be disinfected before and after each use. Workers must be warned of this measure.

Workplaces minimum interpersonal security distance

The arrangement of individual workplaces, the organization of shifts and other working conditions formerly existing shall be modified, to the extent necessary, to ensure the possibility of maintaining the minimum interpersonal security distance of two metres between workers. This is responsibility of the owner or, where appropriate, the director, or of the person to whom they delegate them.

Changing rooms, lockers and toilets

The minimum interpersonal security distance shall be complied with, where appropriate, in the changing rooms, lockers and toilets of the workers, as well as in any other common area.

What if a worker shows symptoms?

If a worker shows symptoms compatible with the disease, he or she shall immediately contact the specific alarm telephone number of the Autonomous Community or health centre and, where appropriate, with the corresponding risk prevention services. Where possible, the worker shall put on a mask, and must leave, in any case, his job until his medical situation is assessed by a healthcare professional.


Organizing the hours to avoid coincidence

Without prejudice to the adoption of the necessary collective and individual protection measures, the centers shall make the adjustments to the time organization which are necessary to avoid the risk of mass coincidence of persons, workers or not, in spaces or workplaces during the time slots of maximum influx or concentration, taking into account the geographical area concerned, and in accordance with the following paragraphs of this Article.

Mass coincidence risk definition

There shall be a risk of mass coincidence of persons where there are no reasonable expectations that minimum safety distances, particularly in the arrival and exit time, shall be considered to exist, taking into account both the likelihood of mass coincidence of workers and the affluence of other persons that can be foreseen or periodic.

The adjustments above shall be made taking into account the instructions of the competent authorities and, where appropriate, the provisions of the applicable labor and conventional legislation.

This rainbow is to comeback


Appropriate to the level of risk

The holder of the economic activity shall ensure to adopt the cleaning and disinfection measures appropriate to the characteristics and intensity of use of his activity as provided for in this order are taken.

Common areas, common surfaces

Special attention shall be paid to common areas and common contact surfaces such as door knobs, tables, furniture, handrails, floors, telephones, hangers, and other elements of similar characteristics,

Guidelines for cleaning and disinfection

a) Disinfectants shall be used, such as freshly prepared bleach dilutions (1:50) or any of the disinfectants with viricidal activity which are on the market and which have been authorised and registered by the Ministry of Health. The indications on the label shall be respected in the use of this product.

b) After each cleaning, the materials used and the protective equipment will be safely disposed of, and then hands will be washed.

Cleaning measures will also be extended, where appropriate, to workers’ private areas, such as changing rooms, lockers, toilets, kitchens and rest areas.

In addition, where there are jobs positions shared by more than one worker, cleaning and disinfection of the post will be carried out after the completion of each use, with special attention to furniture and other elements susceptible of manipulation.


In the case of uniforms or work clothes, daily washing and disinfection shall be carried out, and must be washed mechanically in washing cycles between 60 and 90 degrees Celsius. In cases where uniform or work clothing is not used, clothing used by workers in contact with customers, visitors or users must also be washed under the conditions indicated above.

Periodic ventilation

Periodic ventilation tasks should be carried out in the premises and at least daily and for a space of five minutes.

Elevators and service lifts

Where there is an elevator or service lift their use shall be limited to the minimum requirement and the stairs shall preferably be used. Where it is necessary to use them, the maximum occupancy of them shall be of one person, unless it is possible to guarantee the separation of two meters between them, or in those cases of persons who may require assistance, in which case the use by their companion will also be permitted.


Where the use of toilets is permitted by customers, visitors or users, their maximum occupancy shall be one person, except in those cases of persons who may require assistance, in which case the use by their companion will also be permitted. The toilets must be cleaned and disinfected at least six times a day. (This is overruled by the specific rule above: not to be used by clients except for justified cases).

Payment, preferred by card

Payment by card or other means that do not involve physical contact between devices shall be encouraged, avoiding, as far as possible, the use of cash. The dataphone will be cleaned and disinfected after each use, as well as the POS if the employee using it is not always the same.


Bins shall be available, if possible with lid and pedal, in which handkerchiefs and any other disposable material can be deposited. These bins should be cleaned frequently, and at least once a day.

General provision

These last section are general provisions and shall apply without prejudice to the cleaning and disinfection specialties laid down for specific sectors and indicated above for shops, workshops and services.

And should you have any doubt, you can contact Morenilla & Sanchez Abogados can write to us with no compromise to:

Please allow some time for the answer. Should the number of questions be high we will publish an FAQ

Our best wishes for your business and for you all

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