Navigating the dual requirements of Spain's AEPD and the new EU AI Act can be tricky. Here is what you need to know.
If you are an AI founder in Spain, you have two bosses. The first is Brussels, with its sweeping EU AI Act. The second is Madrid, where the AEPD (Agencia Española de Protección de Datos) is aggressively enforcing data rights.
#The Double Threat
While the EU AI Act focuses on "High-Risk" systems, the AEPD focuses on *any* system that processes personal data. This creates a trap for startups that think they are safe just because they aren't "high risk" under EU law.
Key Difference: The EU AI Act is about *product safety*. The AEPD is about *fundamental rights*.
#AEPD's Specific Demands
Spain is pioneering AI regulation in Europe. The AEPD has released specific guidance that often goes beyond the EU baseline:
- 1Explainability is Non-Negotiable: You cannot hide behind "black box" algorithms. If your AI denies a loan or filters a CV, you MUST explain why.
- 2Audit Trails: You must keep logs of your model's decision-making process for at least 3 years.
- 3Human Oversight: Automation cannot be absolute. There must be a human in the loop for critical decisions.
#Your Convergence Checklist
To satisfy both regulators, you need a unified strategy:
* Map Your Data: Know exactly where personal data enters your model. * Document Your Logic: Create a "System Card" explaining how your model works in plain language. * Test for Bias: Run automated fairness tests on your datasets. * Implement "Stop Buttons": Ensure a human can instantly override the AI.
#The Spanish Sandbox
Spain is the first EU country to launch an AI Regulatory Sandbox. This is a safe environment to test your compliance before launching. We highly recommend applying if you are in the Health, Fintech, or HR sectors.
Conclusion: Don't wait for a fine. The AEPD is active, funded, and watching. Start your compliance journey today.
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