To provide a diffractive optical element and a measuring device capable of generating light spots of dispersive type. The problem is resolved by providing a diffractive optical element having concaves and convexes and diffracting incident light in two dimensions so as to generate diffracted light, wherein when the number of a part of light spots formed by the diffracted light is denoted by n, an average distance W to the nearest neighbor in the light spots normalized by an area of a region onto which the light spots are projected falls within a range of 1/(2×n1/2)