Plan IA360: Towards a New Legal Framework for Artificial Intelligence at Work

A technology already present in every employment relationship

Artificial Intelligence has burst onto the scene with force across every sphere of life: domestic, economic, military and, of course, employment. Its universal reach and ease of access explain why an increasing number of companies and workers are using it to carry out tasks linked to the employment relationship.

Behind this phenomenon lies not only the legitimate drive to boost productivity. There is also the fear of being left behind by the new business dynamics taking shape as AI and its associated technologies spread. This dual driver explains why, for now, employers and workers alike are adopting these tools with relative ease, even as the regulatory framework surrounding them remains at an early stage.

The current regulatory framework: early-stage but already in place

For the time being, the use of AI in the workplace rests on a European and Spanish regulatory framework that, while not overly complex, already sets meaningful limits:

• Regulation (EU) 2024/1689, whose main novelty is a risk-based classification of AI systems.
• Article 64.4.d) of the Workers’ Statute, which grants employee representatives the right to be informed by the employer about the parameters, rules and instructions underlying the algorithms or AI systems that affect the employment relationship.
• The GDPR and the Spanish Data Protection Act (LOPDGDD), in relation to decisions based solely on automated processing that produce legal effects on the worker.

Also relevant, albeit more tangentially, is Article 23 of Law 15/2022 on equal treatment and non-discrimination. Even so, the regulatory framework currently available remains at an early stage for governing a technology that much of the public still does not fully understand — which leads many voices in the sector to describe it as insufficient.

Plan IA360: the roadmap announced by the Government

Against this backdrop of regulatory uncertainty, the President of the Spanish Government, Pedro Sánchez, presented Plan IA360 on 21 September 2026, at an event held at the Moncloa Complex. The plan is a strategic framework intended to guide the responsible rollout of Artificial Intelligence in Spain over the next twelve months.

The Government justified the initiative by stating that self-regulation of AI is not enough, warning of the risks posed by an unregulated technology concentrated in a small number of companies: inequality, impact on employment and new cybersecurity risks.

Plan IA360 is built around four main pillars:

1. Strengthening the country’s technological capacity and rolling out new infrastructure.
2. Driving social adoption of AI as an economic engine and a breeding ground for talent.
3. Building an AI governance framework.
4. Promoting a new “social contract” for Artificial Intelligence.

The “social contract” for AI: the part that matters most for Labour Law

Of the four pillars announced, the one with the greatest significance for Labour Law is, without doubt, the social contract. The Government has announced that, over the coming month, it will begin talks with the social partners, employers’ associations and trade unions, as well as with political parties and civil society institutions.

The stated goal is to reach a broad national agreement that cushions the transition the world of work is currently undergoing as a result of the rollout of Artificial Intelligence.

For now, this remains a roadmap of actions to be developed over the next twelve months, not a closed legislative package. Even so, the announcement signals the Executive’s intention to bring greater clarity to an area that has, until now, been regulated in a fragmented way.

Practical impact for employers

While the regulatory framework continues to develop, companies already using AI systems in people management, recruitment, task allocation, performance evaluation, variable pay or decision support for promotion or dismissal, should bear in mind that they are already subject to concrete obligations.

These include the risk classification of each system under Regulation (EU) 2024/1689, the duty to inform employee representatives about the parameters and rules of the algorithms used, and the GDPR safeguards against automated decisions that produce legal effects on the worker.

The regulatory developments Plan IA360 is expected to bring will not replace these existing obligations; they will be added on top of them. Companies should therefore keep an up-to-date inventory of the AI tools they use and closely follow the development of the social contract announced by the Government.

Impact for Human Resources

For HR departments, Plan IA360 confirms a trend that was already emerging: Artificial Intelligence is set to move from a fragmented regulatory landscape towards a more structured framework, negotiated with the social partners.

This means HR will need to take part, directly or indirectly, in the debate over how AI systems affecting working conditions are documented, explained and limited, and will need to maintain close coordination with the company’s legal and data protection teams.

What employers should watch going forward

• The progress of talks between the Government, employers’ associations and trade unions on the social contract for AI, expected over the coming month.
• Any regulatory or interpretative developments arising from the four pillars of Plan IA360, particularly the governance pillar.
• The correct application of the risk classification under Regulation (EU) 2024/1689 to AI systems already in use within the company.
• Compliance with the duty to inform employee representatives under Article 64.4.d) of the Workers’ Statute.
• The interaction between AI systems and the GDPR/LOPDGDD, particularly where they are involved in automated decisions with legal effects.

Core legal takeaway

Plan IA360 is not, for now, a piece of legislation, but a political roadmap announcing a process of negotiation and regulatory development over the next twelve months. Its relevance for Labour Law lies in placing the debate on Artificial Intelligence at work at the centre of the government’s agenda, and in anticipating a future, more concrete framework on the limits of its use.

It is likely that, over the coming year, Spain will have clearer regulation in this area. The challenge will be ensuring that new rules allow Artificial Intelligence to coexist with the rights of everyone involved in the employment relationship — both employers and workers.

At Suárez de Vivero, we closely follow the development of Plan IA360 and advise companies and HR departments on the obligations already in force regarding Artificial Intelligence, as well as on its likely future regulation.

Frequently asked questions about Plan IA360