Artificial intelligence has ceased to be a promise of the future and has become a part of our daily lives , raising questions that go far beyond mere technology. In recent weeks, we have seen the legislative landscape accelerate, as this is not just any innovation, but a structural change that touches the very core of our democracies and the way we relate to power.
In this context, the Spanish government has taken action by approving the Draft Organic Law for the Proper Use and Governance of AI, a law that seeks to safeguard citizens' fundamental rights . The aim is to ensure that, given the unstoppable advance of algorithms, Spaniards have the certainty that there is human oversight behind every automated decision that directly affects them.
The European legal framework and algorithmic sovereignty
The European Union has not remained idle and has passed Regulation 2024/1689, popularly known as the AI ​​Act. This text is, to this day, the cornerstone of global regulation , establishing risk levels to prevent the most invasive systems from running rampant. Spain, aligned with this strategy, seeks to ensure that its new national law not only incorporates these guidelines but also adapts them to our system of civil liberties.
Constitutional experts like Daniel Berzosa warn that we face an urgent challenge, since the constitutions of the last century were not designed for a world where non-human machines participate in public opinion . Manipulation through micro-segmentation or the opacity of programming codes are real risks that could undermine people's moral autonomy if not limited by clear and transparent laws.
The importance of the Organic Law status and the sanctions
Choosing an Organic Law over ordinary legislation is not a legal whim, far from it. This decision stems from the need to guarantee the development of fundamental rights with the greatest possible legal certainty. Only a law of this rank has the power to define serious offenses and establish penalties that truly deter those who intend to circumvent the rules of the democratic process.
Furthermore, this law defines the powers of the supervisory authorities, providing bodies such as the Bank of Spain and the Spanish Data Protection Agency with a well-defined and robust framework for action . The aim is to prevent the text from becoming a dead letter and to ensure that companies, both national and international, know what to expect when operating in Spain with high-risk systems.
AESIA: Digital supervision and literacy
In this entire framework, the Spanish Agency for the Supervision of Artificial Intelligence (AESIA) plays a leading role. Its work is not limited to monitoring; it also includes educating the public on the critical use of these tools. The goal is for citizens not to be mere passive recipients, but to understand how these systems work in order to avoid falling prey to emotional manipulation or algorithmic biases.
AESIA advocates a model based on risk prevention, distinguishing itself from more lax approaches outside of Spain. The goal is to build trust, because ultimately, no one will use a technology they don't feel is safe . This agency already collaborates internationally to export the European governance model to other countries, demonstrating that regulation can be a competitive advantage if implemented thoughtfully.
Impact on business and the legal sector
For law firms and businesses, AI is an opportunity they can't afford to miss if they want to remain competitive. However, not everything is acceptable; tools like the new legal AI Allegra or document management systems must strictly comply with the GDPR and the new Product Liability Directive . The latter is key, since software and AI are now considered products, making it easier to file claims if something goes wrong.
We are facing a paradigm shift where technology and law must go hand in hand to ensure that progress doesn't overwhelm us. The key for the coming years will be finding that middle ground where innovation isn't stifled by bureaucracy, but where human dignity isn't sacrificed for technological gain . Ultimately, governing artificial intelligence with human intelligence is the only way to ensure that these tools strengthen our freedom and don't end up weakening the foundations of our social cohesion.
