Spain
National Overview • 3 Cases • 7 Rules • 6 Incidents
I. Jurisprudence
| Date ↓ | Case Title | Summary | Tool |
|---|---|---|---|
| 2025-10-08 | SAP Alicante (ES) — “AI hallucinations” vs deception; referral to bar | The Provincial Court found the appeal brief relied on multiple judicial decisions that “do not exist” and included incorrect quote... | Unknown / Not D... |
| 2024-09-09 | TC (ES) — warning and bar notification after AI-linked false quotations | The Constitutional Court reported that an amparo brief contained 19 quotations attributed to Constitutional Court decisions that d... | Unknown / Not D... |
| 2024-09-04 | TSJ Navarra (ES) — separate piece over AI citation error archived | The court had opened a separate proceeding to examine possible procedural bad faith after a filing contained an erroneous referenc... | Unknown / Not D... |
II. Regulation
| Date ↓ | Regulation Title | Summary | Status |
|---|---|---|---|
| — | Ministry of Justice overview: AI in justice, Spanish/EU/international framework | Primarily a background resource. Useful for legal teams to understand the regulatory landscape, but it does not impose operational... | |
| — | AEPD policy for the use of generative AI in administrative processes | Requires an internal GenAI governance framework: inventorying systems, use-case approval with risk assessment, staff rules for dis... | |
| — | AEPD reference map for processing operations that include AI | Useful as an internal compliance-planning aid: it helps teams structure GDPR-focused workstreams for AI-enabled processing, but do... | |
| — | CGPJ report on the impact of Royal Decree‑law 6/2023, including AI tools in justice | While not a binding rulebook, the report signals governance expectations for AI tools in the justice system, especially around acc... | |
| — | CTEAJE policy on the use of AI in the Administration of Justice (v1.0) | Requires justice-sector organisations to implement a governed GenAI operating model (permitted/prohibited use cases, mandatory hum... | |
| — | AEPD requirements for audits of processing operations that include AI | Supports audit programmes by translating GDPR principles into auditable checks for AI-enabled processing. Organisations using AI w... | under review |
| — | AEPD guidance on aligning AI-enabled processing with the GDPR | Provides foundational GDPR interpretation and terminology for AI-related processing. Helpful for compliance teams as background wh... | under review |
III. Incidents
| Date ↑ | Headline | Summary | Type |
|---|---|---|---|
| 2025-12-23 | Alicante court asks bar to consider discipline over AI-style fabricated quotation in brief | Spanish media reported that the Provincial Court of Alicante (civil section) proposed that the local bar consider disciplinary act... | Hallucination |
| 2025-12-23 | Alicante court asks bar to consider discipline over AI-style fabricated quotation in brief | Spanish media reported that the Provincial Court of Alicante (civil section) proposed that the local bar consider disciplinary act... | Hallucination |
| 2025-12-29 | Spanish AESIA Issues Holiday Advisory on AI in Legal Intake Chatbots | The newly active Spanish AI Agency (AESIA) issued a practice note on the use of chatbots for legal and retail intake, emphasizing ... | Regulatory Acti... |
| 2026-01-05 | Canary Islands court probes lawyer for AI-suggested fake citations in appeal | Spain’s Canary Islands High Court (TSJC) opened a separate proceeding to examine a lawyer’s conduct after finding that an appeal b... | Regulatory Acti... |
| 2026-01-12 | Ceuta complaint alleges court order relied on AI-generated non-existent Supreme Court case law | In Ceuta, media reported that a lawyer filed a complaint to Spain’s judicial oversight bodies after identifying that a judicial de... | Regulatory Acti... |
| 2026-01-13 | Spain cabinet approves draft bill to curb AI deepfakes and tighten image-consent rules | Spain’s cabinet approved draft legislation to curb AI deepfakes and tighten consent rules for the use of images, voices, and liken... | Regulatory Acti... |
Spain
Country Intelligence Report
I. Jurisprudence
| 2025-10-08 | SAP Alicante (ES) — “AI hallucinations” vs deception; referral to bar The Provincial Court found the appeal brief relied on multiple judicial decisions that “do not exist” and included incorrect quotes attributed to the Supreme Court and Constitutional Court.
The court... |
| 2024-09-09 | TC (ES) — warning and bar notification after AI-linked false quotations The Constitutional Court reported that an amparo brief contained 19 quotations attributed to Constitutional Court decisions that did not exist, creating a misleading appearance of supporting case-law.... |
| 2024-09-04 | TSJ Navarra (ES) — separate piece over AI citation error archived The court had opened a separate proceeding to examine possible procedural bad faith after a filing contained an erroneous reference to the Colombian Penal Code, described as an error stemming from use... |
II. Regulations
Ministry of Justice overview: AI in justice, Spanish/EU/international framework Primarily a background resource. Useful for legal teams to understand the regulatory landscape, but it does not impose operational compliance duties on its own. | |
AEPD policy for the use of generative AI in administrative processes Requires an internal GenAI governance framework: inventorying systems, use-case approval with risk assessment, staff rules for disclosure and mandatory review, and strengthened procurement/cybersecuri... | |
AEPD reference map for processing operations that include AI Useful as an internal compliance-planning aid: it helps teams structure GDPR-focused workstreams for AI-enabled processing, but does not itself impose new binding obligations. | |
CGPJ report on the impact of Royal Decree‑law 6/2023, including AI tools in justice While not a binding rulebook, the report signals governance expectations for AI tools in the justice system, especially around accountability for development/audit and the need to complete DPIAs befor... | |
CTEAJE policy on the use of AI in the Administration of Justice (v1.0) Requires justice-sector organisations to implement a governed GenAI operating model (permitted/prohibited use cases, mandatory human review, transparency labeling, and tool-approval processes) and to ... | |
AEPD requirements for audits of processing operations that include AI Supports audit programmes by translating GDPR principles into auditable checks for AI-enabled processing. Organisations using AI with personal data can leverage it to structure evidence collection and... | |
AEPD guidance on aligning AI-enabled processing with the GDPR Provides foundational GDPR interpretation and terminology for AI-related processing. Helpful for compliance teams as background when designing or reviewing AI-enabled processing operations. |
III. Incidents
| 2025-12-23 | Alicante court asks bar to consider discipline over AI-style fabricated quotation in brief Spanish media reported that the Provincial Court of Alicante (civil section) proposed that the local bar consider disciplinary action after finding a lawyer’s appeal brief attributed a supposed verbat... |
| 2025-12-23 | Alicante court asks bar to consider discipline over AI-style fabricated quotation in brief Spanish media reported that the Provincial Court of Alicante (civil section) proposed that the local bar consider disciplinary action after finding a lawyer’s appeal brief attributed a supposed verbat... |
| 2025-12-29 | Spanish AESIA Issues Holiday Advisory on AI in Legal Intake Chatbots The newly active Spanish AI Agency (AESIA) issued a practice note on the use of chatbots for legal and retail intake, emphasizing transparency. |
| 2026-01-05 | Canary Islands court probes lawyer for AI-suggested fake citations in appeal Spain’s Canary Islands High Court (TSJC) opened a separate proceeding to examine a lawyer’s conduct after finding that an appeal brief cited multiple Supreme Court decisions and an official report tha... |
| 2026-01-12 | Ceuta complaint alleges court order relied on AI-generated non-existent Supreme Court case law In Ceuta, media reported that a lawyer filed a complaint to Spain’s judicial oversight bodies after identifying that a judicial decision relied on purported Spanish Supreme Court rulings that do not e... |
| 2026-01-13 | Spain cabinet approves draft bill to curb AI deepfakes and tighten image-consent rules Spain’s cabinet approved draft legislation to curb AI deepfakes and tighten consent rules for the use of images, voices, and likenesses, according to Reuters. The draft sets 16 as the minimum age for ... |