Spanish AEPD Publishes Guidance on AI Agents and GDPR
The Spanish Data Protection Agency (AEPD) has published new guidance on how AI agents and autonomous architectures should be handled under the GDPR.
What happened?
The Spanish Data Protection Agency (AEPD) has published a 71-page guidance document analysing AI agents and autonomous AI architecture in relation to the General Data Protection Regulation (GDPR). Published on 13 February 2026, the document details technical requirements for how autonomous systems process personal data. Among other things, it introduces risk frameworks intended to limit how AI systems make autonomous decisions and interact with external tools.
Key facts
| Publiceringsdatum | 13 februari 2026 |
|---|---|
| Dokumentets omfång | 71 sidor |
| Utfärdande myndighet | AEPD (Spanien) |
Why it matters
Traditional GDPR application has primarily focused on static models and data collection during training. The AEPD's guidance addresses the specific challenges that arise when AI systems act independently over multiple stages, providing developers with a clearer picture of how regulatory authorities view the risks associated with autonomous agent workflows and tool calls.
Who is affected?
The guidance is aimed at developers, system architects, and companies building or deploying AI agents within the EU. It is also addressed to data protection officers and legal professionals who need to evaluate regulatory compliance for autonomous AI systems.
Impact on the EU
The guidelines are designed directly based on the EU's General Data Protection Regulation (GDPR) and affect all developers and companies deploying AI agents within the union. The document sets an important reference point for how supervisory authorities in other EU countries, including Sweden, may interpret the GDPR in the context of autonomous AI systems.
What else you should know
The document spans 71 pages and covers technical aspects such as memory management, tool calls, and autonomous decision-making chains. While the UK's ICO has previously published a high-level report on the technology, the AEPD's document is one of the first formal regulatory frameworks issued by an authority within the EU.
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