SPAIN Law and Practice Contributed by: Rubén Canales and Ignacio Temiño, Abril Abogados
9. Web 3.0 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) Advertising of crypto-assets is regulated by Regula - tion (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto- assets. Any marketing communications relating to an offer to the public of a crypto-asset other than an asset-ref - erenced token or e-money token, or to the admission to trading of such crypto-asset, shall comply with all of the following requirements: • The marketing communications are clearly identifi - able as such. • The information in the marketing communications is fair, clear and not misleading. • The information in the marketing communications is consistent with the information in the crypto- asset white paper, where such crypto-asset white paper is required. • The marketing communications clearly state that a crypto-asset white paper has been published and clearly indicate the address of the website of the offeror, the person seeking admission to trading, or the operator of the trading platform for the crypto- asset concerned, as well as a telephone number and an email address to contact that person. • The marketing communications contain the follow - ing clear and prominent statement: “This crypto- asset marketing communication has not been reviewed or approved by any competent authority in any Member State of the European Union. The offeror of the crypto-asset is solely responsible for the content of this crypto-asset marketing communication.”Where a crypto-asset white paper is required, no marketing communications shall be disseminated prior to the publication of the crypto- asset white paper. 9.2 Metaverse There are no special laws or regulations in Spain appli - cable to advertising in the metaverse. However, the general rules on advertising apply.
are sent 30-60 days prior to the renewal date, outlining the renewal terms and providing clear instructions on how to cancel the subscription.
8. Artificial Intelligence 8.1 AI and Advertising Content
There is no specific regulation on the use of artificial intelligence in relation to the development of advertis - ing content. However, the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) prohibits the placing on the market, the putting into service or the use of an AI system that deploys subliminal techniques beyond a person’s consciousness or purposefully manipula - tive or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have oth - erwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm. 8.2 AI-Related Claims Although there are no special rules or guidance regarding the claim that a product has been devel - oped through the use of AI, is AI-powered or has AI- related capabilities, the principle of truthfulness that governs all advertising must be taken into account. Thus, such claims must be made in a way that does not mislead the consumer; otherwise, they would be considered an unfair competition act. 8.3 Chatbots There is no specific regulation in Spain on the use of chatbots. However, a new regulation on custom - er services is currently being processed. This future regulation will prohibit the exclusive handling of cus - tomer calls through answering machines or chatbots based on artificial intelligence systems. In this way, customers will be able to ask to speak directly to a physical person at any time during the consultation or complaint.
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