The difference between surveillance and espionage: clarifying key concepts
24 February 2025According to UNE 166006:2018 – SURVEILLANCE AND INTELLIGENCE is an ethical and systematic process of collecting and analysing information, using public, legal and accessible sources, about the business sector environment, competitors and the organisation itself, and communicating its meaning and implications for decision-making.
Espionage involves unauthorised or unlawful access to confidential information.
Industrial espionage is defined as the unauthorised capture, use or disclosure of business secrets for the purpose of unfair competition. It is a form of information theft that infringes on the intellectual property and financial interests of companies.
Industrial espionage (e.g. hacks, data theft or leaks) is criminalised in Article 278.1 of the Criminal Code, in the section on market and consumer offences in the chapter on offences relating to intellectual and industrial property, the market and consumers.
Here is a comparative table showing the differences between surveillance and espionage:
| Aspect | Surveillance and Intelligence | Espionage |
| Definition | Ethical and strategic process of gathering information from the competitive environment through legal and public sources. | Unlawfully obtaining confidential information by unauthorised methods. |
| Information sources | Public, legal and accessible sources, such as magazines, social networks or the media. | Private, confidential or protected sources obtained without consent. |
| Methods Used | Trend analysis, market monitoring and open source data collection. | Hacking, infiltration, document theft or eavesdropping. |
| Legal framework | Fully legal and in accordance with national and international regulations. | Illegal, in violation of local and international laws. |
| Business Ethics | It contributes to transparency and fair competition. | It damages corporate reputation and carries ethical risks. |
| Consequences | Improving strategy, anticipating change and strengthening decision-making. | Legal sanctions, loss of credibility and reputational damage. |
| Practical Example | Know about a competitor’s agreement published in an industry journal | Hacking into a competitor’s servers to obtain inside information. |