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IRIS 2023-5:1/10 [ES] Spain initiates pre-investigative proceedings against OpenAI, owner of ChatGPT

On 13 April 2023, the Agencia Española de Protección de Datos (Spanish Data Protection Agency – AEPD) announced the initiation of a pre-investigation procedure against the American company Open AI, owner of the artificial intelligence chatbot prototype ChatGPT. In the view of the national supervisory authority for data protection in Spain, the ChatGPT service could have an impact on the rights of individuals. The announcement is part of an action initiated by the AEPD at the beginning of April. The AEPD had called on the European Data Protection Board (EDPB) to include Chat...

IRIS 2023-5:1/23 [ES] The Spanish Congress launches the parliamentary processing of the new Cinema and Audiovisual Culture Law

The Spanish Congress of Deputies has given the green light to the processing of the new Cinema and Audiovisual Culture Law on 16 March 2023. This draft law, approved by the Council of Ministers in December 2022, moves forward in the parliamentary process towards its approval after overcoming the overall amendment presented by the far-right party, Vox. Only the deputies of Vox voted in favor of this motion to reject the bill. The deputies of the liberal party Ciudadanos abstained in the vote and the rest of the parliamentary groups supported the continuance of the draft law. This new law (Boletín...

IRIS 2023-3:1/28 [ES] Spanish government moves forward in approving measures to improve the labour conditions of artists

The Spanish government's efforts on labour protection for artist workers continue to bear fruit. Since the creation of the Interministerial Commission for the development of the Artist's Charter in July 2021, the industry agrees that progress has been made. The Commission, chaired by the Minister of Culture and Sports of Spain, aims to provide workers in the cultural and creative industries with a legal framework that better suits the particularities of their labour conditions. Specifically, in terms of taxation, labour protection, social security and retirement benefits. The approval...

IRIS 2023-1:1/16 European Court of Human Rights: Mas Gavarró v. Spain 

In a decision of 18 October 2022, the European Court of Human Rights (ECtHR) saw no reason to consider a violation of the right to privacy and reputation based on Article 8 of the European Convention on Human Rights (ECHR). It declared an application by Artur Mas Gavarró, the former President of the Government of the Autonomous Community of Catalonia, manifestly ill-founded after the Spanish courts had dismissed Mr. Gavarró’s complaint against the newspaper El Mundo for alleged criminal defamation. The ECtHR confirmed that, in order to be in accordance with the right to freedom...

IRIS 2022-10:1/4 [ES] Provisional measures on advertising during the broadcasting in Spain of the 2022 FIFA World Cup

Two weeks before the start of the 2022 FIFA World Cup in Qatar, the Spanish Comisión Nacional de los Mercados y la Competencia (National Markets and Competition Commission — CNMC) has adopted provisional measures on the contracting of advertising for the coverage of the tournament in Spain. Until the body adopts a final resolution, the provisional measures establish that the public service broadcaster RTVE will not be able to include advertising during World Cup broadcasts with advertisers other than FIFA’s sponsors. Regarding the broadcasting rights, RTVE reached an agreement...