The Spanish Government has published the Preliminary Draft Act for the proper use and governance of Artificial Intelligence (the "Draft Act"), which aims to complement and develop the framework set out by the AI Regulation....more
On 2 February 2025, the first provisions of the EU’s groundbreaking AI Act started to apply. These provisions include a range of AI-related practices that are now prohibited and a duty on companies to introduce AI literacy...more
On Friday 12 July, the European Union published the final text of its long-anticipated AI Act in the Official Journal, marking a key milestone in the implementation of this transformative piece of digital regulation....more
The European Parliament's recent approval of the AI Act entails a significant step in regulating artificial intelligence systems in the European Union. Among its pivotal provisions, artificial intelligence (AI) providers of...more
Now that the Data Act has been approved it will clearly be a revolution for the Internet of things (IoT) providers and for companies interested in accessing data generated by the IoT. The Data Act has finally envisaged the...more
The incoming EU Data Act creates data access rights against manufacturers to benefit users of smart products. Smart vehicles are not an exception. Users (including companies) will have the right to access data collected by a...more
The Data Governance Act (“DGA”) will become applicable as from 24 September 2023. From that date, (i) DGA intermediation services (that have carried out the necessary notification process) can start operating as such in the...more
The EU Data Act creates data access rights against manufacturers to benefit users of smart products. These data access rights could be in conflict with the IP rights and especially the manufacturers' trade secrets. The final...more
A new EU General Court ruling has nuanced the threshold between pseudonymous and anonymous data. In particular, it clarifies that supervisory authorities need to carry out a “test” to assess whether data can be deemed...more
The Spanish Data Protection Authority has opened a public consultation process to obtain comments for an incoming decision establishing the rules for commercial communications via telephone. This decision will be binding upon...more
The European Health Data Space Regulation (still a proposal) will bring huge changes to the handling and possibilities of electronic health records in the European Union. It will create a common environment, with...more
The Data Governance Act is meant to foster the creation of a single European market for data sharing and re-use to enhance its commercial and scientific potential. Data held by public sector bodies are likely to be of key...more
The Data Act Proposal envisages the rights of users of medical devices / health wearables to have access to and to share the data originated from the use of the device with third parties. These access and sharing rights are...more
La Ley de Servicios Digitales de la Unión Europea es un reglamento europeo (aprobado hace pocos meses) que regula el ecosistema de las plataformas de intermediación de internet. Será de aplicación de manera escalonada en el...more
Health care providers (both private and public) store and make use of electronic health records ("EHRs") in the context of providing health care services. However, the configuration of such EHRs by health providers in the EU...more
In Europe, the current conditions for sharing data between companies are so complicated that the potential of the industry is not fully exploited. This results in the loss of competitiveness of the European industry compared...more
The Data Act Proposal aims to provide fairness to data access and proposes new rules on who can use and access data generated in the EU across all economic sectors. It creates the obligation for manufacturers and designers to...more
According to the European Commission, freedom of expression (one of the pillars of democracy in Europe) is in jeopardy, as governments and private groups increase pressure on the media. The Commission is due to enact a draft...more
The European Union is investing resources and issuing legal tools in order to foster the lawful and accountable use of artificial intelligence (AI). In Spain, the Government is also working to promote and maximize the use of...more
The EU has moved up a gear in recent times, and it is producing new legal tools for companies to maximize the possibilities to collect and make use of data (including personal data) in the context of its European Strategy for...more
Spain has transposed the EU Copyright Directive and has included several amendments to the Spanish Copyright Act. Among the most notable highlights of the new act that sparked debate both at EU and national levels, we now...more
The European Union has already enacted several Directives to allow (or mandate) the possibility for companies to access and re-use the data held by EU public administrations in the European Union. However, in many cases this...more
La Comisión Europea acaba de publicar un modelo tipo de contrato de encargo del tratamiento bajo el artículo 28 del Reglamento General de Protección de Datos ("RGPD"). ...more
When launching a project that involves processing of personal data, previously collected for a different purpose, what are the requirements? Companies usually focus on the legal basis of processing and information duties, but...more
Spain has just passed the law transposing Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services ("Directive 2019/770"). This Directive has updated and brought...more
5/12/2021
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