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. In this context, a Public Hearing and Information period has started, and is open from March 18 to March 26, 2025, during which allegations and comments may be submitted by interested parties.
Main changes with respect to the EU AI Act
The Draft Act introduces relevant measures in relation to surveillance, penalties and statutes of limitations, among other aspects. It is worth mentioning the following:
- Surveillance and sanctioning authorities
- The Spanish Artificial Intelligence Supervisory Agency (AESIA) is designated as the main authority for the supervision and sanctioning of prohibited and high-risk AI systems in various sectors.
- The Spanish Data Protection Agency (AEPD) (or the autonomous communities’ data protection authorities) will supervise AI systems that entail profiling for crime prediction purposes, certain systems involving processing biometric data as well as systems used in the field of law enforcement (e.g., polygraphs or evidence reliability measurement tools).
- Other sector entities with oversight functions include the Bank of Spain, the National Securities Market Commission (CNMV) and the Directorate General of Insurance and Pension Funds (DGFSP).
- In the event of insufficient resources of a sectoral authority, AESIA may assume its functions until the situation is resolved.
- Procedure and penalties: quantity of fines and additional measures
- Administrative procedure: a specific administrative procedure is introduced, different from the common regime of the Public Administrations. Preliminary actions (i.e., the investigation prior to the sanctioning procedure) are greatly reinforced.
- Fines for infractions:
- Provisional measures:
- Adaptation of the AI system to comply with regulations.
- Prohibition of commercialization.
- Recalls and public warnings.
- Destruction of the AI system in extreme cases.
- Publication of penalties: Final fines will be published and communicated to the European Commission.
- (Civil?) Damage redress: Supervisory authorities will have the possibility to determine the damage and set indemnities in favor of the affected parties, which could considerably increase the economic liability of the responsible parties.
How to participate in the public hearing?
The allegations may be sent to the following e-mail address: [tramitacion.dgdia@digital.gob.es] indicating in the subject line: "Audiencia pública APL buen uso y gobernanza IA – Alegaciones [name or company name]".
The public hearing will be open until March 26 at 23:59.
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