The Bottom Line
- AI Regulation is Coming: A new national law on AI governance is advancing in Spain, requiring businesses that develop or use AI to prepare for new compliance and oversight frameworks beyond the EU AI Act.
- Reputation Management is Evolving: The legal framework protecting corporate and individual reputation is being updated for the digital age, which will likely create new liabilities for online content and stronger tools for defending against defamation.
- Legislative Green Light: The approval of these reports by Spain’s judicial governing body is a critical procedural step, signaling that businesses should anticipate these draft laws becoming binding legislation in the near future.
The Details
Spain’s General Council of the Judiciary (CGPJ), the governing body of the country’s judges and courts, has unanimously approved its advisory reports on two significant pieces of draft legislation. This is a mandatory step for laws that impact the judicial system, and its completion clears a path for the bills to proceed through parliament. The first draft law aims to establish a national framework for the proper use and governance of Artificial Intelligence, while the second is an Organic Law designed to modernize civil protections for the fundamental right to honor, personal and family privacy, and one’s own image.
The proposed AI law signals Spain’s intent to build a specific national regulatory structure that will complement the broader EU AI Act. For businesses operating in Spain, this means it’s time to look beyond pan-European compliance. The new law is expected to establish national supervisory authorities and specific rules governing the implementation of AI systems. CEOs and in-house counsel should prepare for a new layer of national compliance, which could impact everything from algorithmic transparency and data handling to establishing clear lines of liability for AI-driven business decisions.
The second draft law represents a much-needed update to Spain’s foundational 1982 law on the right to honor and privacy. In an era of social media, deepfakes, and viral misinformation, the old rules are no longer sufficient. This new legislation aims to provide updated civil remedies to tackle modern challenges to reputation and privacy. For businesses, this is a double-edged sword: it could offer more effective legal tools to protect corporate and executive reputations from online attacks, while also potentially increasing liability for content hosted on company platforms or published in corporate communications.
Source
Source: Consejo General del Poder Judicial (General Council of the Judiciary)
