Spain: Preliminary Draft Law for the proper use and governance of Artificial Intelligence, for the purposes set forth in Article 26.4 of Law 50/1997 was approved by Council of Ministers

On 11 March 2025, the Council of Ministers approved the Preliminary Draft Law for the proper use and governance of Artificial Intelligence (AI), for the purposes set forth in Article 26.4 of Law 50/1997, aligning Spanish legislation with the European AI regulation to ensure ethical, inclusive, and beneficial AI use. The draft law introduces a digital right to withdraw AI systems that cause serious incidents and mandates clear labelling of AI-generated content. Oversight responsibilities are assigned to specific authorities. The Spanish Data Protection Agency will oversee biometric systems and border management, while the General Council of the Judiciary will be responsible for AI in the justice sector. The Central Electoral Board will supervise AI systems affecting democratic processes, and the Spanish Agency for the Supervision of Artificial Intelligence will cover all other cases. This structure is intended to ensure effective supervision and enforcement across different AI applications. The European AI regulation prohibits AI practices such as subliminal manipulation, exploitation of vulnerabilities, and biometric classification based on sensitive traits, with penalties ranging from EUR 7.5 million to EUR 35 million or up to 7% of global turnover. High-risk AI systems, including those in critical infrastructure, biometrics, and justice, must comply with additional obligations such as risk management, human oversight, and transparency, with penalties for non-compliance.