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From the "wow" AI to the "wow + evidence" AI: the competitive leap

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Topic illustration: From the "wow" AI to the "wow + evidence" AI: the competitive leap

If you are innovating with AI … Congratulations, this post is for you.

AI strategy in 2026 will not be about "using AI". It will be about governing it without losing speed.

The publications of the Spanish Data Protection Agency (AEPD) and AESIA (Spanish Agency for the Supervision of Artificial Intelligence) put an end to the "let's try it and see" phase.

If you are a CEO, DPO, or lead a public administration, and your strategy is to work with AI this week (December 9-11), this has been an unavoidable turning point.

The publication of the AEPD's Generative AI Policy alongside AESIA's new Guides is not just paper; it is the directive that defines regulatory compliance in Spain and the EU. The regulatory message is clear: AI stops being a "cool tool" and becomes a high-risk asset subject to Multilevel Governance.*

The era of trial and error without consequences is over.

⚖️ The AEPD and AESIA require three pillars of mandatory compliance:

1. Data Quality: A Legal Obligation (the heart of the AEPD) The Spanish Data Protection Agency (AEPD) stresses that there is no lawful AI without lawful data. The famous Article 10 of the AI Regulation (AI Act) takes shape: the quality of the training dataset (its relevance, representativeness, and freedom from bias) is now a legal requirement. If a system fails due to biased data, the responsibility is yours.

👉 Legal Advice: If you use external models, you must have very clear contractual guarantees that your corporate data is not used to retrain the provider's general model.

2. Human Oversight: Control Is Not Optional. AESIA is emphatic about the Human-in-the-loop concept. Supervision cannot be a mere formality to get by. They require real intervention mechanisms. A competent human must validate critical decisions produced by the system (staff evaluations, risk scoring, etc.).

3. The Terms of Use Trap (Goodbye to IP): The Code of Use for Generative AI published this week exposes the risk from providers. Accepting their terms without reading the fine print often means surrendering the Intellectual Property of your input.

👉 Risk Strategy: It is urgent to move from "free" or standard accounts to Enterprise models or sovereign architectures (on-premise or private cloud). Confidential information should not be put at risk to save a few euros.

From Adoption to Good Governance

Companies that take these guidelines seriously and integrate Compliance from the design stage (Privacy by Design) will not only avoid million-euro fines; they will differentiate themselves as trustworthy actors in an increasingly skeptical market.

📚 Official Reference Sources (Update December 9-11, 2025):

  • Spanish Data Protection Agency (AEPD): General Policy for the Use of Generative AI.
  • Spanish Agency for the Supervision of AI (AESIA): Governance and Conformity Assessment Guides.
  • Public Sector and AI Observatory (OSP-IA): Code of Use of Generative AI (Provider Conditions).

In what phase of this transformation is your organization with its AI strategy? Share your opinion.

Source: Mobiliza Academy →
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Marc Torrente Cesteros
16 Dec 2025 14:13

Interesting

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Guest
16 Dec 2025 15:42

The use of AI needs to be adapted to regulation, just as the GDPR was back in its day, but on steroids, applying an SGIA, specifically ISO 42001, in line with what the regulation dictates, as you can see in the post they're working on to take effect in 2026, under the 2030 plan.
The rules of the game must follow what the law sets out. But ..... very interesting and with a lot to do.
Don't you think, Marc?

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Raul Morales Galisteo ★
17 Dec 2025 07:38

Dear Jorge Sánchez, I appreciate the strategic information you share. Your analysis marks a before and after: in 2026, AI will no longer mean "using technology" but governing it with rigor and speed. The way you lay out the pillars of the AEPD and the AESIA—data quality, human oversight, and management of contractual risks—is a forceful reminder that the era of trial and error is over.

This message is a direct call to CEOs, DPOs, and public leaders: building compliance into design from the start is not optional; it is the only path to distinguishing yourselves as trustworthy players in an increasingly demanding market.

Thank you for putting on the table what many still avoid: AI without governance is a systemic risk. The challenge now is to move from discourse to action.

Thanks again, Jorge, for sharing such a clear and valuable vision; your contribution inspires us to turn AI strategy into concrete and responsible action.

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Jorge Sánchez López ★★★
17 Dec 2025 22:52

Thank you for the feedback. I agree with you on the diagnosis, but I'd like to refine one key point from a critical thinking perspective.

We are not facing a conceptual debate or an "inspiring vision" about AI. We are facing regulatory criteria already published by AEPD and AESIA that change the rules of the game. From here on, not acting is not a strategic option: it means knowingly assuming risk.

The problem I still see in many organizations is not a lack of talk, but the gap between technological ambition and governance maturity. People talk about innovation, but they don't know:

what data trains or feeds the systems,

who is accountable when the AI makes a mistake,

or what has been ceded by accepting certain terms of use.

And that is where governance stops being "compliance" and becomes executive leadership.

Moving from talk to action does not mean slowing AI down; it means putting brakes, a steering wheel, and accountability in place, just as we did in the past with finance, risk, or cybersecurity. Organizations that don't understand this now won't have a technical problem; they'll have a management problem.

Thank you for the exchange. These kinds of conversations—clear, uncomfortable, and grounded in facts—are the ones that truly move strategy.

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