Royal Decree 817/2023, dated November 8, 2023, establishes a controlled testing environment for assessing compliance with the proposed Regulation of the European Parliament and Council concerning harmonized standards in artificial intelligence. Effective from November 10, 2023, and valid for a maximum of 36 months, this decree aims to regulate high-risk artificial intelligence systems. Initiated by the Spanish Government in collaboration with the European Commission, it seeks to develop evidence-based guidelines to align with the European Artificial Intelligence Regulation proposal.
The decree’s primary purpose is to test compliance with certain requirements by artificial intelligence systems that may pose risks to safety, health, and fundamental human rights. It outlines the selection process for systems and entities participating in this controlled environment, applicable to both public administrations and selected private entities.
Structured into a preliminary title with general provisions, a first title regulating participation in the testing environment, and a second title for the participation and coordination of other entities, the decree includes six chapters. These chapters detail eligibility requirements, applicable legal regime, the role of the artificial intelligence system provider, eligibility criteria, participation modes, admission procedures, application evaluation, specific conditions for the experience, and guarantees for participating entities. Title II encompasses provisions for collaboration and coordination among authorities, expert advisors, and other Spanish and European organizations