Skip to main content

Attention! Here are the keys to the preliminary draft for the proper use and governance of AI.

Ready for the AI era? 🤖

Spain takes a step forward by approving the Draft Bill that complements the European Regulation on Artificial Intelligence (RIA). Together they define the rules of the game for the responsible and authorized use of AI. We tell you the most important things!

Bearing in mind that it applies to legal entities and public sector entities acting as operators, according to the RIA itself, The key points are:

NEW DIGITAL LAW! The AI disconnection right.

Ground-breaking and pioneering throughout the EU. If an AI system causes a serious incident (such as an accident or death), its disconnection or withdrawal from the market can be demanded! This reinforces safety and accountability.

Problems with the AI? You can complain!

The sanctioning regime foreseen in the RIA is developed. As established in the RIA, as of August 2, 2026, any person will be able to complain if there is a breach of the RIA that causes an incident. But beware! Spain brings forward this protection and allows, from the entry into force of the Preliminary Draft, to exercise this right.

Sanctioning procedure:

By means of an anonymous complaint from any citizen to the Spanish Agency for the Supervision of Artificial Intelligence (AESIA), the appropriate precautionary measures may be adopted in order to ensure compliance with the subsequent resolution. Infringements, depending on their seriousness (minor, serious or very serious) and the subject that develops them, will have proportional sanctions. In order to be clear about this aspect we have to wait for a later development. If there is recognition of responsibility and voluntary payment on time, the penalty may be reduced (as with traffic fines!) It is important to remember that, in any case, the restoration of the situation prior to the infection and compensation for damages will be required. If this is not done, coercive measures will be applied until the situation is restored.<br><br><br>

Attention SMEs:

For minor non-compliance with the RIA, a warning will be offered prior to the imposition of a fine, providing a second opportunity to correct the situation.

Biometric identification, a key aspect:

The use of biometric identification systems in real time and in public spaces will be tightly controlled and will require judicial authorization. The contentious-administrative courts will have the power to authorize such use upon request and report of use. They will also be competent to authorize certain prohibited practices on a case-by-case basis.

Are AI regulations causing you doubts? We are here to help you!

At The Lighthouse Team, we understand the challenges that AI regulation presents for businesses of all sizes. That’s why we offer you expert advice so you can implement AI solutions safely and responsibly, while complying with all RIA requirements. Let’s talk about how we can drive your innovation!

We move forward, as a team 🤝✨ Will you join us?

Mélany Resa

Abogada colegiada en el ICAM, especializada en PI, Competencia y NNTT. Experta en derecho contractual, con amplia experiencia en la gestión de carteras de PI y liderazgo en fusiones y adquisiciones. Me definen una comunicación cercana, pensamiento estratégico y capacidad para optimizar procesos legales en derecho mercantil y societario.

Close Menu

Contacto

C/Serrano Anguita 13
28004 Madrid
España

T: + 34 619364782
E: info@thelighthouse.team