When a Spanish SME takes its first steps in data protection, two names come up right away: Facilita RGPD and Gestiona RGPD, the free tools from the Spanish Data Protection Agency (AEPD). And they come up for good reason: they're a well-built public service. According to the Facilita RGPD page, the tool is designed for companies whose processing of personal data is low-risk, and it generates privacy notices, contractual clauses for data processing agreements, the record of processing activities and an annex of indicative security measures. For thousands of small businesses, they've been the difference between having nothing and having the essentials.
Precisely because they're valuable, it's worth understanding just as clearly what they solve and what they don't. And here the starting point isn't ours to set — it's the AEPD's own: it warns on the tool's page that merely obtaining the documents does not mean automatic compliance with the obligations of the GDPR and the LOPDGDD, in particular the principle of accountability. The documentation generated is a starting point that has to be adapted, maintained and, above all, put into practice.
What's left out, by design
The AEPD's tools are designed for a specific scenario: low-risk processing of personal data, under the GDPR and Spain's LOPDGDD. Anything outside that scenario falls outside their scope — not because the tools fall short, but because they never set out to cover it. In 2026, for a company that uses artificial intelligence, that "outside" keeps getting bigger:
The AI Act doesn't exist in them. The AI Regulation introduces its own body of obligations — literacy, transparency, risk classification, and a calendar that, for a private company, rolls out between 2025 and 2028 — that sits outside the GDPR perimeter these tools cover. None of their questionnaires ask which AI systems you use or which obligations they trigger.
Neither does the specificity AI requires. A record of processing activities is not an AI systems inventory. Classifying a processing activity by its legal basis is not the same as classifying a system by its risk level. And the fastest-growing scenarios — generative AI in the workplace, autonomous agents, scoring of individuals — require analysis that a generic document generator can't do.
Living evidence is the third limit. The documents generated are a snapshot of the day they were generated. Compliance — with the GDPR and, increasingly, with the AI Act — is a moving picture: systems change, uses change, obligations activate on fixed dates. Without a record that lives alongside the organisation, the snapshot ages in silence.
The mistake isn't using them; it's stopping there
None of the above is a criticism of the tools. It's a description of their perimeter, consistent with the Agency's own warning. The mistake we see in practice isn't using Facilita or Gestiona: it's believing that, once the documents are generated, "data protection" is sorted — and, by extension, that AI is too. The first isn't entirely true — the AEPD says so itself — and the second has no basis at all.
A sensible sequence for an SME that uses AI looks something like this:
- Use the public tools for your GDPR baseline if your scenario fits their scope. They're free, official, and good at what they do. And the five GDPR articles that weigh most when AI processes personal data do not wait for the AI Act.
- Recognise where they stop: as soon as there's AI evaluating people, special-category data, automated decisions, or simply the question "what does the AI Act require of me?", you're outside their perimeter.
- Cover that stretch with method: a systems inventory, risk classification, obligations mapped to dates, and traceable evidence of every decision — which is exactly what you'll be asked for one day, and what generic documents can't give you.
If you want to know how much of that stretch applies to you, the free diagnostic gives you that first snapshot in a few minutes: which AI Act obligations apply to you based on what you already use. From there, the difference between the snapshot and actual compliance comes down to the usual thing: evidence.
Facilita RGPD and Gestiona RGPD are public services provided by the Spanish Data Protection Agency (AEPD). This article is for informational purposes only and does not constitute legal advice.