Carina Branco comments on the challenges of implementing the AI Act in Iberian Lawyer

Carina Branco, partner at Morais Leitão, contributes to the article “AI Act: nuevas obligaciones, calendario revisado”, published in the October 2026 issue of Iberian Lawyer. The article looks at the new phase in the application of the AI Act, with the first transparency obligations now applying and some obligations relating to high-risk systems postponed until 2027 and 2028.

Different levels of maturity in AI adoption

In the article, Carina Branco highlights that companies are at different levels of maturity when it comes to adopting and controlling these technologies. While large groups and sectors already accustomed to intensive regulation are addressing these issues in a more structured way, cases of shadow AI remain common among SMEs, with tools being used without adequate training or control mechanisms.

Our partner also draws attention to the need for organisations not to delay their preparations under the new framework. Even with the revised implementation timeline, she considers it essential to assess the risks of the systems being procured, put processes in place and define internal responsibilities for compliance.

Among the main risks, Carina Branco also identifies extreme approaches to the use of AI: both blanket bans, which may encourage shadow AI, and unrestricted use, which increases the risk of losing control. She also stresses the importance of not treating the AI regulatory framework in isolation, but rather in conjunction with areas such as privacy, system resilience and availability, and operational risk.

The role of the legal function in AI governance

For Carina Branco, AI is a dynamic reality that requires internal dialogue and a multidisciplinary approach, involving the organisation as a whole over time. In this context, the legal function plays a key role in governance design, contract negotiation and human oversight, which also requires an understanding of both the business and the technology.

Read the full article in Iberian Lawyer magazine.