Spain approves draft law adapting the EU AI Act into national legislation
A new draft law on AI governance in Spain covers provider responsibility, human oversight, sanctions, and public-sector use.
Spain’s Council of Ministers has approved a draft Organic Law aimed at adapting the EU AI Act into the country’s national legal framework.
Digital Transformation and Public Service Minister Óscar López said the draft law will now be sent to the Cortes for parliamentary consideration. The proposal establishes obligations for AI providers and introduces requirements for human oversight of AI systems.
The draft law incorporates the EU AI Act’s risk-based classification framework into Spanish legislation while establishing sanctions, governance structures, and supervisory authorities.
López said the law follows Spain’s approach to AI regulation, including human oversight, algorithmic transparency, protection of minors, and data privacy. López rejected the idea that regulation undermines competitiveness, pointing to Spain’s broader AI strategy and investment initiatives.
The minister said the EU AI Act includes prohibitions covering subliminal techniques, exploitation of vulnerabilities, biometric classification, social scoring, predictive surveillance, emotion recognition, facial scraping, and real-time identification. He added that, following a request from Spain, the EU agreed on 7 May to add prohibitions on AI-generated sexual deepfakes and AI-generated child sexual abuse material.
The draft law designates Spain’s Artificial Intelligence Supervisory Agency, based in A Coruña, as the central authority. Other market surveillance authorities will also have roles, including the Bank of Spain for financial systems, the Spanish Data Protection Agency for data-related matters, and the General Council of the Judiciary for justice-related issues.
The proposal promotes responsible AI use in the state public sector, including stronger requirements for AI models and transparency in public administration, as well as the creation of an AI officer role. The law also sets rules for AI regulatory sandboxes and measures intended to help AI providers comply with the legislation.
Would you like to learn more about AI, tech, and digital diplomacy? If so, ask our Diplo chatbot!