Spain's Council of Ministers approved a draft Organic Law on the proper use and governance of artificial intelligence on 26 May 2026. The Council submitted the text to the Spanish Parliament as an Organic Bill, where it was published in the Official Journal of the Parliament on 12 June 2026. The law is at the proposed rule stage, with parliamentary debate and amendment ahead. Spain is the first EU member state to submit national implementing legislation for Regulation (EU) 2024/1689 (the EU AI Act).
The draft law designates AESIA (Agencia Espanola de Supervision de la Inteligencia Artificial) as the national market surveillance authority under Article 70 of Regulation (EU) 2024/1689 and as Spain's single point of contact with EU institutions. AESIA operates as a public-law body with managerial autonomy. The draft law requires public sector bodies to maintain an inventory of AI systems used in administrative proceedings and establishes an AI delegate role within each relevant public authority, responsible for coordinating AI governance within the body and advising on public procurement involving AI systems.
AI system providers and deployers operating in Spain, including those established in other EU member states with users or counterparties in Spain, must comply with AESIA as the competent market surveillance authority. Public sector bodies procuring or deploying AI in administrative decision-making face national obligations beyond those in the EU AI Act itself. The draft law imposes severe penalties aligned with the EU AI Act penalty structure, reaching up to EUR 35 million or 7% of global annual turnover for the most serious violations.
The parliamentary process may amend the current text. Spanish Organic Laws require approval by an absolute majority of the Congreso de los Diputados, adding a procedural constraint that could slow passage or prompt negotiated revisions. The allocation of enforcement jurisdiction between AESIA and the Agencia Espanola de Proteccion de Datos (AEPD) for AI systems that also process personal data remains to be resolved in the legislative process.
We advise AI system providers, deployers, and public sector bodies on EU AI Act compliance and national implementing legislation across EU member states. Work we undertake includes AESIA registration and notification procedures, market surveillance authority liaison for Spain, AI system conformity assessments, national AI governance programme design, and public sector AI procurement compliance reviews.
Source: Government of Spain, Council of Ministers Press Conference Record, 26 May 2026