The EU AI Act in Spain

How Regulation (EU) 2024/1689 applies in Spain, and the 19 AI instruments Spain has of its own.

The EU AI Act

In Force (Amended)RegulationEntered into force 1 Aug 2024

The EU AI Act establishes a comprehensive, risk-based legal framework to ensure safe, trustworthy, and human-centric AI systems across the European Union, protecting fundamental rights.

Key dates

  • 1 Aug 2024Entry into Force of the AI Act
  • 2 Feb 2025Prohibited AI practices and AI literacy obligations apply
  • 2 Aug 2025Governance rules and obligations for General-Purpose AI (GPAI) models apply
  • 27 Jul 2026Amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI)
  • 2 Dec 2026Watermarking obligations on AI-generated content apply
  • 2 Aug 2027Obligations for high-risk AI systems included in Annex I of the AI Act apply
Read the full EU AI Act record →

Spain’s own AI instruments

19 records tracked for Spain, beyond the EU-level Act above.

National authority in Spain

Named in Spain’s own records, not inferred.

Per Spain - National AI Sandbox (Royal Decree 817/2023)

Per Spain AI Governance Bill

Per Spain - AI Supervision Agency (729/2023)

Per Spain - Green Algorithms Programme

Per Spain - University-Industry AI Chairs (ETD/1180/2022)

Per Spain - Digital Rights Framework

Per Spain - National AI Strategy

Per Spain - AI Research Strategy

Penalties in Spain

As stated in Spain’s own records.

Per Spain - AI University-Industry Chairs (TDF/304/2025)

  • Recovery of unduly paid amounts plus legal interest.
  • Administrative fines and sanctions under Law 38/2003 and implementing regulations.
  • Suspension or exclusion from future public aid programmes.
  • Obligation to correct irregularities and provide compensatory measures.
  • Civil or criminal liability where facts constitute offences under applicable law.

Per Spain - National AI Sandbox (Royal Decree 817/2023)

  • Suspension or termination of sandbox participation for material breaches of rules or misrepresentations.
  • Public disclosure of non-compliance findings by the administering authority.
  • Referral to sectoral supervisors and enforcement authorities with potential administrative fines under national law and the EU Artificial Intelligence Act.
  • Exclusion from future sandbox calls, public funding or related support measures.
  • Civil liability under Spanish tort and contract law for harm arising from AI system operation (no liability waiver for participants).

Per Spain AI Governance Bill

  • Very serious infringements: fines ranging from €7,500,000 to €35,000,000 or 2%–7% of global annual turnover (choose the higher amount where applicable), subject to SME adjustments.
  • Serious infringements: fines ranging from €500,000 to €7,500,000 or 1%–2% of global annual turnover.
  • Minor infringements: administrative fines for formal non‑compliance (e.g., missing CE marking) with lower values.
  • Corrective measures: forced adaptation, temporary or permanent market withdrawal, prohibition on commercialization or use in Spain.
  • Provisional measures: digital withdrawal from the Spanish market in case of grave incidents (including death or critical infrastructure failure).
  • Publication of sanctions and corrective orders in the public register and administrative records.
  • Disciplinary or administrative measures for public sector bodies (reprimands, notices), with stakeholder concerns raised about the absence of monetary fines for some public uses.

Per Spain - AI Supervision Agency (729/2023)

  • Administrative corrective measures (e.g., orders to suspend use or place on the market, remediation requirements) as permitted by applicable law.
  • Administrative fines and pecuniary penalties where provided by sectoral or future AI implementing legislation and within the scope of the Agency’s sanctioning competence.
  • Public disclosure of enforcement measures consistent with transparency obligations and protection of procedural rights.
  • Referral to other competent authorities (judicial authorities, sectoral regulators) where civil or criminal liability issues arise or specialized sanctions apply.
  • Asset, contract or procurement remedies to prevent further risk where legal conditions exist.

Per Spain - Green Algorithms Programme

  • Suspension of payments linked to PNAV-funded projects in case of non-compliance.
  • Recovery (clawback) of misspent or ineligible funds according to national and EU rules.
  • Exclusion from future PNAV funding rounds or programmes for serious or repeated breaches.
  • Administrative sanctions or fines where authorized by applicable public funds and procurement law.
  • Referral to criminal investigation in cases where fraud or criminal conduct is suspected.

Per Spain - University-Industry AI Chairs (ETD/1180/2022)

  • Recovery (reintegro) of unduly paid amounts including interest where applicable.
  • Partial or total termination of the grant and obligation to return funds.
  • Administrative fines and sanctions provided under the General Subsidies Law (Ley 38/2003) and its implementing regulation.
  • Exclusion from future public aid or grants in specified circumstances.
  • Legal actions and enforcement procedures in case of fraud, corruption or serious breach of conditions.
  • Withholding of subsequent payments or suspension pending resolution of compliance concerns.

Per Spain - Digital Rights Framework

  • The Charter itself does not create new penalties; enforcement arises through existing legal instruments (for example, sanctions under Organic Law 3/2018 administered by the Agencia Española de Protección de Datos for data‑protection infringements).
  • Sectoral breaches (telecommunications, audiovisual, labor law) remain subject to the relevant statutory enforcement regimes and administrative sanctions.
  • Where future binding regulations are adopted to implement Charter principles, those texts may define specific penalties, administrative fines and remedial measures.

Per Spain - National AI Strategy

  • ENIA itself does not set administrative penalties; enforcement is exercised under sectoral law and the EU AI legal framework.
  • Supervisory and sanctioning powers for AI oversight were operationalised through the establishment of AESIA (see <a href="https://www.boe.es/diario_boe/txt.php?id=BOE-A-2023-18911">Royal Decree 729/2023</a>) which can exercise inspection and sanctioning functions under applicable legal instruments.
  • Non-compliance with grant conditions may result in repayment obligations, administrative sanctions or ineligibility for future funding.
  • Liability and redress provisions are to be applied under existing civil, sectoral and EU law (including GDPR and national transpositions of EU rules).

Per Spain - AI Research Strategy

  • The strategy itself does not create administrative sanctions; however, failure to comply with funding conditions, ethics requirements or data protection obligations may result in ineligibility for grants, suspension or clawback of funds under the applicable grant agreements.
  • Liability and penalties for legal non-compliance (e.g., GDPR breaches) remain subject to the applicable legal regimes and enforcement by competent authorities such as the Spanish Data Protection Agency.

Spain overview

The full picture of AI regulation in Spain, beyond just the EU AI Act.

Spain AI regulation overview →