La regulación europea de la IA. Impactos en la protección de datos y el derecho de autor.

Abstract

The emergence of artificial intelligence (AI) within various processes including creative, contractual, and administrative spheres has generated a legal landscape marked by significant concern, requiring a thorough examination of the different regulatory frameworks from an interdisciplinary perspective. For this reason, within the framework of the II International Congress on Public and Private Contract Law, during the presentation by Dr. Vanessa Jiménez Serranía, Doctor of Commercial Law from the University of Salamanca, she highlighted the need to reconsider the interrelation between AI, personal data protection, and copyright from an intellectual property standpoint, particularly in light of the new regulations adopted by the European Union. Her analysis concludes that artificial intelligence is evolving faster than the regulatory capacity of States, which has generated tensions between technological innovation, legal certainty, the protection of the aforementioned rights, and its potential contractual or extra-contractual civil liability. This Working Paper seeks to deepen the central themes presented in the lecture, analyzing how the new European Union regulation on AI redefines obligations, transparency criteria, and contractual responsibilities for public and private entities. Likewise, it examines the challenges that arise from the use of data or intellectual property in training generative models and the implications this entails for authorship, ownership, and the use of content in digital contexts, illustrated through a case study that facilitates the assessment of its impact. The purpose is to provide an analysis that contributes to the doctrinal debate and to the development of regulatory solutions that allow for the harmonization of innovation, legal protection, and technological governance in a context where AI is becoming a transversal actor in contemporary contractual relationships.