Spain: Government approves the draft Organic Law on the proper use and governance of artificial intelligence | DLA Piper
https://www.jdsupra.com/legalnews/spain-government-approves-the-draft-1400885/
Publish Date: 2026-05-29 11:11:00
Source Domain: www.jdsupra.com
On 26 May 2026, Spain’s Council of Ministers approved a draft Organic Law on the proper use and governance of artificial intelligence, aligning Spain’s national law with Regulation (EU) 2024/1689 (the “EU AI Act”). The legislation aims to create a framework for trustworthy, human‑centric AI, combining regulatory oversight while supporting innovation.
Governance and designated authorities
A central feature of the legislation is the establishment of a structured governance framework, built around designated notifying authorities and market surveillance authorities responsible for overseeing compliance. In line with the EU AI Act, AI-enabled products already subject to sector-specific regulation will remain under their existing supervisory authorities. For AI systems not covered by sector-specific product frameworks —such as those relating to employment, biometrics, or education— supervisory responsibility will primarily fall within the remit of the Spanish AI Supervisory Agency (AESIA), the Spanish Data Protection Agency (AEPD), and the General Council of the Judiciary (CGPJ), depending on the relevant area. The law also promotes cooperation between authorities, with AESIA designated as the single point of contact for supervisory matters.
Sanctions regime
The law establishes a graduated sanctions regime, categorising infringements as very serious, serious, and minor. Penalties are aligned with the EU AI Act framework, with fines reaching up to €35 million or 7% of total worldwide turnover for the preceding financial year in the most serious cases, and up to €500,000 or 0.5% of turnover in the least serious cases. The law grants authorities flexibility in applying sanctions, adapting them to the gravity, intentionality, or recurrence of the infringement, and incorporates mechanisms that prioritise correction over penalisation, such as early-payment reductions, adoption of corrective measures, and specific consideration of company size to…
