Spain

Is there a specific enacted legislation regulating AI in your jurisdiction?

Besides the EU AI Act, there is no specific national regulation of AI in Spain.

Is there a proposed legislation regulating AI in your jurisdiction?

Yes, there is a proposed draft bill, Draft Law for the Good Use and Governance of Artificial Intelligence ('DLGUGAI').

Are there any guidelines/ codes of conduct/ recommendations / reports / policies in connection with AI in your jurisdiction?

Yes see below. 

Any additional relevant news regarding AI / or anticipated future changes (e.g. white papers, policy statements about AI regulation)?

The Spanish Government has presented the Artificial Intelligence Strategy 2024 (Estrategia de Inteligencia Artificial 2024), a 2024-2025 plan designed to develop and expand the use of artificial intelligence in a transparent and ethical manner, and focused on facilitating its use in the public and private sectors.

There is also an IA Sandbox in development.

Is AI specifically addressed in IP laws? Are there any guidelines / soft laws relating to AI? 

Spain's Ministry of Culture proposed a decree on artificial intelligence that sought to allow authors' societies to grant collective licenses to AI development companies without the express authorisation of the creators. The decree has been stalled in the face of rejection from the cultural sector. 

Additionally, the Ministry of Culture has published a good practice guide on the use of artificial intelligence.

Is AI specifically addressed in data protection laws? Are there any guidelines / soft laws relating to AI?

Guidelines to adapting products and services using Artificial Intelligence to the GDPR can be found here.

Guidelines on requirements for processing audits involving Artificial Intelligence can be found here.

Who are the competent AI supervisory authorities in your jurisdiction? 

Agencia Española de Supervisión de la Inteligencia Artificial

DLGUGAI foresees that AESIA will coordinate supervisory competences are distributed among several existing sectoral authorities:

• The Spanish Data Protection Agency (AEPD), together with the regional data protection authorities, are designated as supervisory authorities for areas where AI risks are directly related to personal data and digital rights.
  
  
• The Bank of Spain and the CNMV will be the supervisory authorities for high-risk AI systems in creditworthiness and credit rating.
  
  
• The Directorate General of Insurance and Pension Funds will be the supervisory authority for high-risk AI in life and health insurance.
  
  
• The Directorate of Data Protection Supervision and Control of the General Council of the Judiciary will monitor high-risk AI systems in the Administration of Justice as well as prohibited AI practices in that area.
  
  
• The Central Electoral Board will be the supervisory authority for high-risk AI systems related to democratic processes and prohibited AI practices associated with this area.
  

Are there any publicly known enforcement actions in relation to AI?

N/A

Are there any other sector specific laws or guideline / soft laws (e.g. finance, healthcare etc.) where AI is specifically addressed?

Law 15/2022 on equal treatment and non-discrimination explicitly mentions artificial intelligence. Article 23 states that public administrations must implement mechanisms to ensure that algorithms used in decision-making are transparent, minimise bias and are accountable. This approach aims to prevent discrimination and ensure fair use of AI in the public sector.

*Information is accurate up to 30 April 2025