AI Regulation and Image Rights in Europe

The use of artificial intelligence in visual production is evolving rapidly. At the same time, the legal framework in Europe and Spain continues to develop in response to new methods of image generation, modification, and reuse in commercial campaigns.

What Is Happening Right Now (EU / Spain)

In January 2026, the Spanish Data Protection Agency indicated that the use of a person’s image in an AI system, including simply uploading a photograph into a generative tool, may already be considered personal data processing and therefore fall under GDPR.

This applies even if the generated result is not published or used in a final campaign. Internal use for concept development, testing, or visual reference purposes may still be legally treated as data processing.

In practice, uploading a model’s photo into generative tools such as Midjourney, Runway, or an SDXL-based pipeline may bring this activity into the legal scope of personal data protection.

At the same time, Spain is currently developing legislation that may explicitly include AI-generated images or modified facial likeness within the scope of violations related to personal honour and image rights.

A proposed restriction under discussion concerns the commercial reuse of a person’s face, or its AI-generated equivalent, without explicit consent.

Importantly, the fact that a face is publicly available online does not imply permission for synthetic replication.

What to Expect in 2026

The EU AI Act entered into force in 2024 and is expected to be fully applicable from August 2026.

It introduces new transparency requirements for AI-generated content, including the potential obligation to disclose the use of synthetic imagery in commercial communication.

A distinction may be made between:

Fully AI-generated content
AI-assisted content

As a result:

Retouching is not the same as generation
Generation is not the same as extension
Extension is not the same as compositing

These distinctions may have legal relevance in future regulatory and compliance frameworks.

Where to Monitor Regulatory Updates (EU / Spain)

For Spain:

AEPD Innovation and Technology resources
AEPD Guides on Generative AI

These are among the primary regulatory sources currently publishing guidance on the use of images in AI systems.