AI Legislative Guide |
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Spain |
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(Europe)
Firm
Uría Menéndez
Contributors
Leticia López-Lapuente |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | A Charter of Digital Rights was approved by the Spanish Government in 2021, which contains certain principles regarding AI to be applied by future legislation in Spain. This Charter does not have a binding nature for companies but, instead, works as a set of rules and principles that Spanish regulators should follow when issuing rules in Spain. Also, Article 64.4 of the Spanish Statute of Workers provides for certain rules for employers to implement AI within the workplace. |
| Which agency regulates the use of AI in your jurisdiction? | Before the approval of the EU AI Regulation, in 2023, Spain created a specific authority for AI matters (Agencia Española de Supervisión de Inteligencia Artificial "AESIA"). The AESIA will be the supervisory authority in Spain on AI matters once the EU AI Regulation is approved and enters into force. |
AI Legislative Guide
Yes.
A Charter of Digital Rights was approved by the Spanish Government in 2021, which contains certain principles regarding AI to be applied by future legislation in Spain. This Charter does not have a binding nature for companies but, instead, works as a set of rules and principles that Spanish regulators should follow when issuing rules in Spain. Also, Article 64.4 of the Spanish Statute of Workers provides for certain rules for employers to implement AI within the workplace.
Before the approval of the EU AI Regulation, in 2023, Spain created a specific authority for AI matters (Agencia Española de Supervisión de Inteligencia Artificial "AESIA"). The AESIA will be the supervisory authority in Spain on AI matters once the EU AI Regulation is approved and enters into force.