Attorney-client privilege in Spain: limits and exceptions
Attorney-client privilege in Spain: constitutional basis, deontological obligations, legal exceptions and conflicts with anti-money laundering rules.
Regulation (EU) 2024/1689 (AI Act) is in force. We analyse which AI systems are high-risk for law firms, operator obligations, the Spanish AESIA authority and generative AI implications for legal practice.
Entry into force: 1 August 2024. Prohibited AI (Art. 5): February 2025. High-risk AI rules (Arts. 6-49): August 2026.
For law firms: Most generative AI tools for research and drafting are NOT high-risk. High-risk scenarios: automated claim viability assessment without human review, client selection by risk profile, autonomous decisions in insolvency or custody matters.
Generative AI liability: Hallucinated case citations = deontological breach (Art. 8 CDAE) + potential civil negligence. GDPR requires DPA with AI provider for client data processing.
Spanish authority: AESIA (Spanish AI Supervisory Agency), A Coruña, created by RD 729/2023.
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