AI Contracting and Algorithmic Contracts: Rethinking Private Law in the light of the Spanish Report on B2C and B2B Regulation for the European Commission

Abstract

This paper argues the regulatory amendments on Spanish Law in the light of the recommendations proposed in the Spanish national report –in individual authorship– for the European Commission on B2C and B2B AI contracting and algorithmic contracts, of 10 April 2024, in the study ‘Novel forms of contracting in the digital economy’. Terminological clarifications are made to address legal modifications in pre-contractual duties, formation, and performance of the contract, including force majeure, hardship, remedies, representation, and civil liability. In line with the report, the amendments in Spanish Contract Law are discussed, with due analysis of the 2023 Proposal for Modernization of the Spanish Civil Code in Obligations and Contracts, of the Civil Law Section in the Spanish Law Commission.