The Bottom Line
- New AI Compliance on the Horizon: Companies using or developing AI systems in Spain should prepare for a new national governance framework. Expect new rules on risk management, transparency, and accountability, likely complementing the EU AI Act.
- Heightened Risk for Online Content: A new Organic Law will modernize the right to honour, privacy, and self-image. This will increase liability risks for online platforms, media companies, and any business dealing with user-generated content or personal images.
- Legislation is Gaining Momentum: Spain’s top judicial body has issued its formal reports on these draft laws. This is a critical step that moves the proposals closer to parliamentary debate and enactment, signaling that businesses should begin strategic reviews now.
The Details
Spain’s legislative agenda is taking a significant step forward with major implications for the technology and media sectors. The General Council of the Judiciary (CGPJ), the governing body of the Spanish judiciary, has officially approved its mandatory reports on two pivotal draft laws: one focused on AI governance and another on the civil protection of the right to honour, privacy, and self-image. While the CGPJ’s reports are non-binding, they represent a crucial technical and legal review. Their approval clears a key procedural hurdle, making it highly probable that these proposals will soon be debated in Parliament.
The proposed Law for the Good Use and Governance of Artificial Intelligence aims to create a specific national framework for the burgeoning AI industry. For CEOs and in-house counsel, this signals the arrival of concrete compliance obligations. The law is expected to establish clear guidelines for the development and deployment of AI, forcing companies to implement robust risk assessment protocols, ensure transparency in algorithmic decision-making, and maintain meaningful human oversight. This move aligns Spain with the broader European regulatory trend, preparing the ground for the application of the EU’s AI Act while potentially adding specific national requirements.
Simultaneously, the draft Organic Law on the civil protection of the right to honour, privacy, and self-image seeks to update fundamental rights for the digital age. This legislation will directly impact any business that operates online, from social media platforms and digital news outlets to e-commerce sites. The law will likely introduce more stringent rules and clearer remedies for issues like online defamation, the misuse of personal images (a growing concern with generative AI), and the rapid spread of false information. Companies will need to re-evaluate their content moderation policies, terms of service, and liability exposure for content published on their platforms.
Source
Consejo General del Poder Judicial
