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. A draft law is being developed in Spain to address certain aspects of the EU AI Act, including the designation of competent authorities and sanctioning powers. However, as of 1 August 2025, the law has not yet been passed. |
| 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. However, the draft bill regulating AI in Spain proposes that supervisory powers be shared among various authorities, not only the AESIA. The Spanish Data Protection Agency, for example, is among the authorities competent to supervise certain AI functionalities. As of 1 August 2025, this draft bill has not yet been approved. |
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.
A draft law is being developed in Spain to address certain aspects of the EU AI Act, including the designation of competent authorities and sanctioning powers. However, as of 1 August 2025, the law has not yet been passed.
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.
However, the draft bill regulating AI in Spain proposes that supervisory powers be shared among various authorities, not only the AESIA. The Spanish Data Protection Agency, for example, is among the authorities competent to supervise certain AI functionalities. As of 1 August 2025, this draft bill has not yet been approved.