The CNMC resolution on Google opens a new stage in negotiations with press publishers and news agencies in Spain.
It is not just about closing a case. The important thing is that Google has undertaken a series of commitments that, on paper, seek to make negotiations more transparent, more orderly, and more balanced.
A few days ago we already shared an initial overview of these commitments made by Google to the CNMC and their relevance for the media ecosystem in Spain. In this post, we delve into what really changes, why it matters, and what implications it may have for publishers and news agencies.
What really changes?
One of the most important points is the greater transparency regarding how Google calculates its initial economic offers.
Until now, one of the major criticisms from the sector was precisely that: the lack of clarity regarding the criteria used to value the use of journalistic content. With this new framework, publishers should have more information to better understand what is being offered to them and why.
More order in the negotiation
Another relevant change is the establishment of a formal negotiation procedure with defined deadlines.
This may seem like a technical detail, but it is not. Having set times to present offers and carry out conversations helps avoid ambiguous or endless processes and provides more security to the parties.
Updated offers based on real use
Google also commits to periodically updating economic offers based on real usage parameters.
This point is especially important in a digital environment where the value of content changes constantly. In theory, this measure should bring remuneration closer to the reality of the impact and utilization of the content.
A key point: the possible ex-gratia payment
One aspect that may generate the most interest is the possibility of requesting an ex-gratia payment for the use of content since November 4, 2021, always within the established period.
For many publishers, this may be one of the measures with the greatest practical impact, as it introduces a compensation option for previous uses.
No retaliation during the process
Another relevant commitment is that Google will not be able to adopt coercive, discriminatory, or retaliatory measures during negotiations.
This point seeks to strengthen the position of publishers and offer a more balanced framework, which is fundamental when negotiating with a platform that carries so much weight in the digital ecosystem.
Two negotiations, two different paths
Furthermore, negotiations regarding related rights (ENP) are separated from those corresponding to Google News Showcase (GNS).
This differentiation is important because it avoids mixing different models under the same conversation and can facilitate clearer and more adjusted agreements.
The date to keep in mind
The commitments will come into effect today, March 19, 2026.
From this date, publishers may receive a communication from Google and, if applicable, submit their ENP negotiation request.
The big question: a real change or a formal change?
On paper, the new framework introduces important advances: more transparency, defined deadlines, updated offers, and more guarantees for publishers.
However, the real key will be in practice. We will have to see if these commitments translate into fairer negotiations and remuneration that is truly aligned with the value of the content.
Because change will not be measured by what is signed, but by how it is applied.
