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Diagnosis, triage or clinical support in Spain: related rules

AI that helps diagnose, prioritize patients, recommend treatments, read medical images or draft clinical notes. Errors affect health, so clinical validation, medical oversight, patient transparency and, if it is a medical device, sanitary registration are required.

Risk classification

JurisdictionLevelDateNote
European UnionHigh riskAugust 2, 2028AI medical devices: Annex I, integrated into the MDR/IVDR technical file (MDCG 2025-6 guidance).
European UnionHigh riskDecember 2, 2027Annex III(5): emergency triage and eligibility for healthcare benefits.
SpainSector rules—Medical device regulation (AEMPS) and GDPR for health data.

Obligations related to this use case

Using high-risk systems: human oversight, logs and monitoring

AI ActReglamento (UE) 2024/1689, art. 26(1)-(6) y (8)-(12); Anexo III; art. 6(1) y Anexo I; art. 113Adopted, applies later

Applies from December 2, 2027

Deadlines by profile

  • : Annex III high-risk systems
  • : Clinical AI that is a high-risk medical device (Annex I)
When it relates
If you use AI for hiring or managing staff, monitoring workers, credit scoring, life or health insurance pricing, student assessment, biometrics or access to public benefits (Annex III). Also, from Aug 2, 2028, if you use clinical AI that is a medical device subject to notified-body assessment (Annex I).
What the rule provides
  • Use the system according to the provider's instructions.
  • Assign human oversight to people with enough competence, training, authority and support.
  • Ensure input data under your control is relevant and representative.
  • Monitor operation, suspend use when risks appear, and report serious incidents to the provider and the authority.
  • Keep automatically generated logs under your control for at least six months.
  • Public bodies: register the use in the EU database. Systems already in use by public authorities: deadline Aug 2, 2030.
Typical evidence
  • Appointment and training records of human overseers.
  • Log retention policy and sample logs.
  • Monitoring plan and incident log.
Verification
Verified in the official source on November 2, 2026Date checked in consolidated Article 113(c)(i) (Dec 2, 2027 for Annex III). Regulation (EU) 2026/1744 moved the date but not the content of Article 26.

AI in regulated products (Annex I): medical devices, machinery, toys, vehicles

AI ActReglamento (UE) 2024/1689, art. 6(1) y Anexo I; art. 113(c)(ii)Adopted, applies later

Applies from August 2, 2028

When it relates
If you make or sell regulated products where AI is a safety component or the product itself (for example, medical software, machinery or vehicles) that require third-party conformity assessment.
What the rule provides
  • Integrate AI Act high-risk requirements into the sector conformity assessment (for example, under the medical devices regulation).
  • Keep a single technical file and an integrated quality management system.
  • Since 2026, convenience or optimization features count as safety components only if their failure endangers health or safety.
Typical evidence
  • Combined technical file.
  • Notified body certificate covering the AI part.
Verification
Verified in the official source on November 2, 2026Date checked in consolidated Article 113(c)(ii) (Aug 2, 2028). The narrower safety-component definition and the move of the Machinery Regulation to Annex I Section B come from secondary sources.

Data protection impact assessment (DPIA)

GDPRRGPD, art. 35In force

Already applicable

When it relates
If you use AI to evaluate or decide about people, monitor, use biometrics, train models on personal data, or process sensitive or children's data.
What the rule provides
  • Carry out the DPIA before starting: description, necessity and proportionality, risks and measures.
  • Consult the authority if residual risk remains high.
  • Review it when the system or model changes.
Typical evidence
  • Signed DPIA, with the data protection officer's opinion if there is one.
Verification
Verified in the official source on October 31, 2026Official text on EUR-Lex. In force since 2018; no new dates to confirm.

Clinical evaluation and technical documentation for AI medical software

MDR/IVDRReglamento (UE) 2017/745, arts. 10, 52, 61 y Anexo II; Reglamento (UE) 2017/746; MDCG 2025-6In force

Already applicable

When it relates
If you develop or sell software or AI with a medical purpose (diagnosis, triage, clinical support).
What the rule provides
  • Classify the software under MDR or IVDR rules and follow the applicable conformity assessment.
  • Clinical or performance evaluation with data representative of the intended population.
  • Quality management system and technical file, ready to integrate AI Act requirements (Aug 2, 2028).
  • Post-market surveillance, including model changes after updates.
Typical evidence
  • Technical file and clinical evaluation.
  • Notified body certificate.
Verification
Verified in the official source on October 31, 2026Application dates are set in the regulations themselves (EUR-Lex). MDCG 2025-6 content taken from law firms (Hogan Lovells, NSF); the guidance was drafted under the earlier AI Act timeline (2027), now 2028.

Related base documents

Related kits

Includes 5 documents

Healthcare Kit

Technical and clinical validation, DPIA for health data, clinician oversight, in-use monitoring and a model card for clinical AI tools.

USD 139USD 215

Complete kit · available to buy

Find out what applies to you (free)Spain