Are AI Calls Legal in Spain? The Applicable Framework and the Real Risks

Samuel Martínez, 8 May 2026. Legal. 8 min read. Translated from the Spanish original.

Rules for an AI phone agent in Spain: RGPD (GDPR), LSSI and AI Act. Inbound vs outbound, call recording, sensitive data and AEPD (data regulator) fines.

When a company installs an AI phone agent, the technical question is usually settled before the legal one. The voice works, it picks up, it books appointments. But the AEPD (Agencia Española de Protección de Datos, Spain’s data protection authority) has been scrutinising this subject closely since 2023, and the AI Act coming into force adds specific obligations. This guide summarises which rules apply, which practices are safe and where the line is that you should not cross.

This page is for information only. It does not constitute legal advice. The legal scope of your specific case should be validated by a legal adviser or the client’s DPO. Technical and legal detail in IA y protección de datos.

TL;DR

Applicable regulatory framework

An AI phone agent sits at the intersection of several frameworks:

And depending on the sector:

You do not need to be a lawyer to use AI voice, but you do need to understand that ultimate responsibility lies with the data controller (your company), even if the voice is operated by a technical provider.

Inbound (incoming call)

When the customer calls your number and the AI agent answers, the legal basis is usually clear:

Requirements:

Well-done inbound is one of the safest uses of AI voice in Spain. Most of the AI agents deployed by clinics, estate agencies and B2B services with STAKKER work in this mode.

Outbound (a call the system initiates)

This is where the fines are. Initiating an AI call to a human recipient without a prior legal basis is unsolicited commercial communication (LSSI art. 21) and processing without a legal basis (RGPD art. 6).

The AEPD has published criteria since 2023 limiting these uses. In 2024 there were fines on companies that carried out telephone marketing with AI voice against non-opt-in lists.

If you want outbound AI voice, the lawful options are:

At STAKKER we do not activate outbound AI voice until the client provides one of these three documents. Even then, we monitor opt-outs and complaint rates.

Call recording: what you can and cannot do

Recording a call is additional processing. The Audiencia Nacional has confirmed in several rulings that, even if the call is lawful, the recording needs its own legal basis.

Good practices we apply:

If your system fails to meet any of these points, do not record. A text transcript kept for a few days is worth more than an audio file you cannot justify.

Sensitive data and AI voice: when NOT to use it

Sectors where the conversation may touch on art. 9 RGPD data (health, sensitive data) have special rules:

In all these cases:

More on how this applies to clinics in Sistemas IA para clínicas.

The AI Act and phone agents

EU Regulation 2024/1689 (the AI Act) is being phased in until 2027. What has applied since 2025 and directly affects AI voice:

For a typical SME with an inbound reception agent, the AI Act basically means: give notice at the start. For advanced cases, there is more paperwork.

How STAKKER approaches the legality of AI voice

Before any AI phone agent goes into production, we require:

If the case falls into a regulated sector (clinics, financial, legal), we also require an accredited DPO on the client’s side and a DPIA before deployment.

Typical mistakes we see

A. “We record everything just in case.” No: minimisation + limited retention.

B. “We’ll put the notice in the privacy policy.” No: the notice is at the start of the call, and audible.

C. “We’ll upload the list of old leads to outbound.” High risk: without opt-in, without a LIA, without an active relationship, it is punishable.

D. “The voice provider takes care of legality.” No: your company is the data controller. The provider is the processor.

E. “We keep it for a year for security.” If you cannot justify the period, it is not kept.

F. “The bot decides who gets an appointment and who doesn’t.” Automated decisions with a significant effect: art. 22 RGPD, human review.

Practical summary

What you can do today with AI voice in Spain without nasty surprises:

What requires legal documentation first:

Frequently asked questions

Do I need a DPO to have an AI phone agent?

Not always. If the processing does not include sensitive data and is not large-scale, having a data controller is enough. For clinics, mass HR and financial services, it is essential.

Can I use AI voice to call customers who are already in my CRM?

If the purpose fits the legal basis on which they are in your CRM (performance of a contract, after-sales service with their consent), yes. For marketing, you need separate, specific consent.

How long can I keep a call recording?

30-90 days by default. Beyond that: documented justification (contractual evidence, sector-specific regulatory requirement, active dispute). Without justification, it is deleted.

Has the AEPD fined anyone for AI voice?

Yes. There have been public rulings since 2023 against companies running outbound AI voice without opt-in. RGPD fines can reach 4% of global turnover or €20M.

What if the model provider (Anthropic, OpenAI) is in the US?

It needs international transfer safeguards: SCCs or the Data Privacy Framework. The main providers have them. Your DPA with your technical provider must list them.

Can I avoid saying it’s an AI if the voice sounds human?

No. The AI Act prohibits it. And the AEPD has already treated the notice as a transparency obligation.

Next step

If you have an AI phone agent project and want to know what applies to you before spending a euro, we can review it for free. We will tell you which requirements your case has, what paperwork is needed, and whether AI voice suits it or another solution is better.

Auditar mi caso · Ver agente telefónico IA · Ver enfoque legal completo

If you work in the property sector, here is the case applied to estate agencies. For clinics, here.