¿Es necesario regular la Inteligencia Artificial?

Abstract

This article analyzes the necessity of regulating Artificial Intelligence (AI) within the framework of Regulation (EU) 2024/1689 (AI Act) and the role of the Spanish Agency for the Supervision of Artificial Intelligence (AESIA). Premised on the principle that technological power without oversight constitutes a risk, the study examines the risk-based governance model that categorizes AI systems according to their impact on safety and fundamental rights. The text deconstructs the narrative of regulation as a barrier to innovation, utilizing the analogy of electrical infrastructure to argue that normative frameworks serve as essential safety standards for commercial deployment. Finally, it outlines AESIA’s functions in market surveillance, regulatory sandboxes, and certification, concluding that institutional supervision is the fundamental guarantee for fostering the social trust required within the Digital Single Market.