What we still don't know (or don't fully understand) about Digital Law

There's a lot of talk about AI, yes, but little about the paradigm shift it implies for digital law.

Author:
José Francisco Estévez
Vice President of Cremades & Calvo-Sotelo Abogados

What is digital law?
When we talk about digital law, many think of data protection, e-commerce, or social media. However, there are areas of digital law that remain in the shadows, even for legal professionals. Not because they are new, but because their implications are not yet fully understood or, simply, because they are not receiving the attention they deserve.

Impact of AI on digital law
One of these aspects is the real impact of artificial intelligence on legal processes. There's a lot of talk about AI, yes, but little about the paradigm shift it implies for the law. Who is responsible for a decision made by an algorithm? What happens if that decision generates a legal consequence? In many cases, there isn't even a clear rule that answers these questions.

Who is responsible for a decision made by an algorithm? What happens if that decision has legal consequences? In many cases, there isn't even a clear rule that answers these questions.
At our firm, we've worked with various artificial intelligence tools applied to law. One of these projects was Zícero, a platform we explored for automating documents in the workplace. But this technological advancement demands something more: understanding the ethical and legal limits of using these systems. How far can we delegate to the machine? What role should human judgment continue to play, especially in decisions that impact fundamental rights?

Consent in Data Processing
Another little-known aspect is digital identity, especially in its practical dimension. Today, almost no one reads the terms and conditions before accepting. Almost no one fully understands what giving consent for data processing entails. In theory, we have rights such as access, rectification, and portability. But in practice, many people don't know how to exercise them. This disconnect between law and digital reality is one of the biggest challenges.

There's also not enough talk about technological exclusion. While some explore the metaverse, millions of people—the elderly, the unemployed, vulnerable groups—cannot access the new digital environment on equal terms. This is also a legal issue. Because if we don't guarantee universal access, we will be reinforcing inequalities.