Other automated decisions with significant effects (housing, pricing, access to services) in Spain: related rules
Automated or AI-driven decisions that affect people outside employment and credit: housing rentals, personalized pricing, access to services, account blocking or legal services. They trigger rights regarding automated decisions under data protection laws and, in the US, consequential decision laws.
GDPR Art. 22 and CJEU case law on the right to an explanation of the logic (C-203/22).
Obligations related to this use case
Safeguards against solely automated decisions
GDPRRGPD, arts. 13.2.f), 14.2.g), 15.1.h) y 22; STJUE C-634/21, SCHUFA, 7-dic-2023; STJUE C-203/22, Dun & Bradstreet Austria, 27-feb-2025In force
Already applicable
When it relates
If AI makes, or in practice determines, decisions with legal or similarly significant effects on people without meaningful human involvement: hiring, credit, insurance, education, benefits, pricing or access to services. Diagnostic support reviewed by a clinician is usually not a solely automated decision.
What the rule provides
Avoid decisions based solely on automated processing unless needed for a contract, authorized by law or based on explicit consent.
Where allowed, provide real human intervention and the ability to give one's view and contest the decision.
A third-party score that determines the decision also counts as an automated decision.
Disclose that the automated decision exists and, on request, give meaningful information about the logic involved and its consequences. The law does not require a specific letter format.