The Spanish Government has published the Preliminary Draft Act for the proper use and governance of Artificial Intelligence (the "Draft Act"), which aims to complement and develop the framework set out by the AI Regulation....more
On 2 February 2025, the first provisions of the EU’s groundbreaking AI Act started to apply. These provisions include a range of AI-related practices that are now prohibited and a duty on companies to introduce AI literacy...more
The pre-draft bill (Draft Bill) on Spanish Organic Law for the Protection of Minors in Digital Environments has been adopted and is currently open for public comments until 28 June 2024. Although still in its early stages,...more
The new AI Act establishes an obligation for the deployers of certain high-risk AI systems to conduct a “fundamental rights impact assessment” (“FRIA”). This will have a high impact on insurance companies that use AI systems...more
The EU Artificial Intelligence Regulation will create a framework for the use of artificial intelligence systems. Discrimination and discriminatory bias will be prohibited and subject to fines. Other AI systems will be...more
The Data Governance Act (“DGA”) will become applicable as from 24 September 2023. From that date, (i) DGA intermediation services (that have carried out the necessary notification process) can start operating as such in the...more
La Agencia Española de Protección de Datos ha actualizado su Guía sobre el uso de las cookies. Existen cambios relevantes, como nuevos requisitos en el diseño del banner de cookies así como las características para que las...more
The EU Data Act creates data access rights against manufacturers to benefit users of smart products. These data access rights could be in conflict with the IP rights and especially the manufacturers' trade secrets. The final...more
The Spanish Data Protection Agency has updated its guidance on cookies. There are relevant changes such as (i) the new requirements for the design of the cookie banner and (ii) the criteria for the installation of...more
La Agencia Española de Protección de Datos ha publicado una nueva decisión en relación con las prácticas de marketing telefónico, recientemente reguladas en nuestro país por la Ley General de Telecomunicaciones. Dicha...more
A new EU General Court ruling has nuanced the threshold between pseudonymous and anonymous data. In particular, it clarifies that supervisory authorities need to carry out a “test” to assess whether data can be deemed...more
The Spanish Data Protection Authority has opened a public consultation process to obtain comments for an incoming decision establishing the rules for commercial communications via telephone. This decision will be binding upon...more
The European Health Data Space Regulation (still a proposal) will bring huge changes to the handling and possibilities of electronic health records in the European Union. It will create a common environment, with...more
The Data Governance Act is meant to foster the creation of a single European market for data sharing and re-use to enhance its commercial and scientific potential. Data held by public sector bodies are likely to be of key...more
The Data Act Proposal envisages the rights of users of medical devices / health wearables to have access to and to share the data originated from the use of the device with third parties. These access and sharing rights are...more
Health care providers (both private and public) store and make use of electronic health records ("EHRs") in the context of providing health care services. However, the configuration of such EHRs by health providers in the EU...more
La propuesta del Data Act tiene por objeto garantizar la equidad en el acceso a los datos y propone nuevas normas sobre quién puede utilizar y acceder a los datos generados en la UE en todos los sectores económicos. Crea la...more
In Europe, the current conditions for sharing data between companies are so complicated that the potential of the industry is not fully exploited. This results in the loss of competitiveness of the European industry compared...more
The Data Act Proposal aims to provide fairness to data access and proposes new rules on who can use and access data generated in the EU across all economic sectors. It creates the obligation for manufacturers and designers to...more
Some weeks ago, we described the highlights of the new "Code of Conduct on the processing of personal data in the field of clinical trials and other clinical research as well as pharmacovigilance" (CoC) and the impact on data...more
The European Union is investing resources and issuing legal tools in order to foster the lawful and accountable use of artificial intelligence (AI). In Spain, the Government is also working to promote and maximize the use of...more
The EU has moved up a gear in recent times, and it is producing new legal tools for companies to maximize the possibilities to collect and make use of data (including personal data) in the context of its European Strategy for...more
The European Union has already enacted several Directives to allow (or mandate) the possibility for companies to access and re-use the data held by EU public administrations in the European Union. However, in many cases this...more
Spanish Government has approved a Royal Decree by which people or companies that offer lodging and/or rental car (without driver) services, will need to share a very broad list of personal data with Spanish enforcement...more
La Comisión Europea acaba de publicar un modelo tipo de contrato de encargo del tratamiento bajo el artículo 28 del Reglamento General de Protección de Datos ("RGPD"). ...more