Spain: the draft bill on AI moves forward after the opinion of the ESC
Articles12 May 2026
Progress in the processing of the Draft Bill on IA following the opinion of the ESC, focusing on the governance of the system, the coordination of authorities, alignment with the European Regulation and the adjustment of the penalty system, with a significant impact on the labour sphere.
One year after the Council of Ministers approved the Draft Bill for the good use and governance of artificial intelligence (11 March 2025), the text has taken a further step in its processing. The Economic and Social Council (CES) approved Opinion 03/2026 at its plenary session on 25 March 2026, following the formal request submitted by the Ministry for Digital Transformation and the Civil Service.
The Preliminary Draft Law on AI aims to incorporate the AI Regulation into the Spanish legal system, in order to homogeneously regulate the marketing, commissioning and use of AI systems in the European Union.
Key points:
- ESC assessment:
- General positive assessment of the preliminary draft: the consultative body supports the fact that the Spanish regulation will be made by law and that it will regulate the system of authorities, market supervision and the system of infringements and penalties, in line with the IA Regulation ("RIA").
- Lack of social dialogue: the ESC notes the absence of a prior process of consultation and dialogue with trade unions and employers, especially relevant given the impact of artificial intelligence in areas such as employment and people management.
- Institutional coordination: insists on the need to strengthen coordination mechanisms between the Spanish Artificial Intelligence Supervisory Agency ("AESIA") and the rest of the sectoral authorities, as well as better information for economic and social organisations, to ensure a homogeneous application of the regulatory framework.
- Penalty regime and regulatory consistency: the ESC points to the need to adjust certain aspects of the system of infringements and penalties, as well as to strengthen consistency with the RIA.
- Practical effect of the opinion: although it is not binding, the opinion may have an impact on the final drafting of the Preliminary Draft before its approval as a bill and its referral to Parliament. This process takes place in parallel to the progressive deployment of the RIA.
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