The Spanish National Open Access Policy is based on three pillars: the legal framework set by the Spanish Science, Technology and Innovation Act, the National Aggregator for Open Access contents RECOLECTA, and the Spanish Foundation for Science and Technology (FECYT) as the public institution that works in supporting the National Government in the design and in the implementation of the open access policy.
The Act 14/2011, of June 1, on Science, Technology and Innovation, which urges researchers to deposit the final digital version of their contributions to journals in an open access repository.
Article 37. Open access dissemination:
1. Public workers of the Spanish Science, Technology and Innovation System will drive forward the development of own or shared open access repositories for the publications of their researchers, and will establish systems allowing their connection to similar national or international initiatives.
2. Researchers whose research is financed mostly with funds from the General Budget of the State will make public a digital final version of the contents that have been accepted for publication in research journals, as soon as possible and no later than twelve months after the official date of publication.
3. The electronic version will be made public in open access repositories recognised in the field of knowledge of the research or in open access institutional repositories.
4. The public electronic version may be used by public administrations in their assessment procedures.
5. The Science and Innovation Ministry will facilitate centralized access to repositories and their connection to similar national or international initiatives.
6. The above is understood without prejudice of the agreements by virtue of which rights over the publications have been conferred or transferred to third parties, and will not be applied when the rights over the results of research, development and innovation are liable to protection.
The national calls for R&D projects carried out within the framework of the National Plans of Scientific, Technical and Innovation Research 2013-2016 and the Plan Estatal de Investigación Científica y Técnica y de Innovación 2017-2020 (in Spanish) are based on this legal framework.
The National Aggregator for Open Access contents RECOLECTA is the source of primary data to measure the degree of compliance with the national open access policy by researchers.
FECYT is the public agent of the state public sector dependent on the Ministry of Science and Innovation, which supports it in the work of implementation of the national policy of open access and in the design of the national policy of open science.