David Molina

David Molina

Associate
Baker & McKenzie Barcelona S.L.P.

Biography

David Molina leads the Digital Law team in Baker McKenzie's Barcelona office. He has 11 years of experience in advising clients on data protection, IT contracts, e-commerce, cybersecurity and, more recently, artificial intelligence (AI). He joined Baker McKenzie in 2022 coming from an international law firm. Prior to his legal career, he was a full-time university professor at Pompeu Fabra University as of the age of 23.

From the beginning, we at Baker McKenzie have participated in different corporate social responsibility programs. The most recent, coinciding with our 25th anniversary in Barcelona, is the pro bono advice agreement with the Sant Joan de Déu Charitable Organization. Other outstanding projects are the agreement to create and advise the Liceu Barcelona Opera House US Foundation and regular contributions to the food bank.

Practice Focus

David has extensive experience in advising international and domestic clients on all areas of digital law (data protection, IT contracts, e-commerce, cybersecurity and AI). He provides services for companies operating in many industries, including pharma and healthcare, food and beverage, automotive, energy, IT, and e-commerce.

Representative Legal Matters

  • Advising a large international pharmaceutical company on the legal risks associated with the use of AI and how to eliminate these risks in specific cases.
  • Advising a large multinational company in the industrial sector on international policy development for AI governance.
  • Advising a large multinational pharmaceutical company on the legal risks of using intelligence in medical advice and mitigating those legal risks by preparing certain legal documentation.
  • Advising an international service provider for IT on the main liabilities/risks that the use of AI may entail for its business (including measures to avoid or minimise the risks).
  • Advising a large multinational on how to reduce the legal privacy risks related to using AI in highly personalised marketing actions.
  • Advised a pharmaceutical skincare company on the internal process of drafting AI governance policies. This advice allowed criteria to be coordinated and the policy and approach to be followed by the company's board in relation to AI to be established.
  • Advised a Spanish company dedicated to the design, production and marketing of products for bathroom spaces on the impact of the new European AI regulation and preparation of clauses regarding the use of AI with its suppliers.
  • Advising a large company in the amusement park industry on the different legal risks related to the use of generative AI and on how to mitigate these legal risks (including policies on its responsible use). Drafting and negotiating contractual agreements between companies related to creating new AI tools for medical diagnostics.
  • Managing a global cyber incident for a global SaaS cloud provider, including coordinating data breach notifications to customers and authorities in 41 jurisdictions.

Professional Associations and Memberships

  • Digital Law Board, Barcelona Bar Association - Member
  • ESADE Business Innovation & Technologies Club - Member
  • Spanish Professional Privacy Association - Member

Admissions

  • Barcelona~Spain

Education

  • British Standards Institution ((Certifications in the Implementation ISO 27001 (Information Security) and 27701) (2020)
  • Harvard Law School (CopyrightX course) (2015)
  • ESADE (Master's degree, IP and IT law, awarded the "Beca al Talento"/"Scholarship for Talent") (2013)
  • Pompeu Fabra University (Law Degree) (2010)

Languages

  • Catalan
  • English
  • Spanish
  • "Product supply chain and impact of new legal obligations", conference at Baker McKenzie, 12 February 2025
  • "What's new in AI and data protection plus EU AI Act coming into force", webinar at Baker McKenzie, 30 January 2025
  • "The legal risks of AI", interview at the Podcast Marketers Club, 2 December 2024
  • "Legal and practical business cases with Artificial Intelligence", conference at the Barcelona Bar Association, 22 November 2024
  • "The application of the NIS2 Directive in the pharmaceutical sector", conference for associates at CEFI (pharma industry association), 14 November 2024
  • "Not everything is acceptable on the Internet: limits on the use of personal data", article for Expansion, 21 October 2024
  • "Cybersecurity and Boards of Directors: adaptation to the NIS2 Directive", conference at ESADE, 10 October 2024