Public Sector

New Women's Institute Bylaws 2026: what listed companies must do

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Equipo Editorial CambiosLegales
30 Jul 2026 7 min 15 views

Key data

RegulationRoyal Decree 634/2026, of July 29, approving the Bylaws of the Women's Institute, O.A.
PublicationJuly 30, 2026
Entry into forceJuly 30, 2026
Affected partiesListed companies, workers, victims of sex discrimination and public bodies
CategoryPublic Sector
Transposed Directives2024/1499 and 2024/1500 (deadline expired in June 2026)
Related regulationsDirective 2023/970 (pay transparency) and European AI Regulation
Year2026
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Spanish listed companies have had a new active supervisor in gender equality matters since July 30, 2026: the Women's Institute. The Royal Decree 634/2026 updates the bylaws of this autonomous body—created in 1983—and grants it expanded competencies that directly affect the structure of boards of directors, remuneration policy and the use of artificial intelligence systems in companies.

The regulation transposes the European Directives 2024/1499 and 2024/1500, whose transposition deadline expired in June 2026, making their application an immediate obligation with no additional adaptation period.

1983
Year of creation of the Women's Institute, now with expanded competencies
2
European Directives transposed (2024/1499 and 2024/1500)
30/07/2026
Entry into force date: no transitional period

What does this regulation establish?

Royal Decree 634/2026 approves the new bylaws of the Women's Institute and expands its competencies in three major areas:

Area of competencyWhat changesRegulatory basis
Equal treatment in employment and social securityThe Institute expands its functions for supervision and guarantee of equal treatment in access to employment, working conditions, social security and access to goods and servicesDirectives 2024/1499 and 2024/1500
Gender balance in governing bodiesListed companies come under Institute supervision regarding the composition of their boards of directors and governing bodiesRoyal Decree 634/2026
Pay transparencyListed companies must comply with pay transparency obligations derived from Directive 2023/970, under Institute supervisionDirective 2023/970
High-risk artificial intelligenceThe Institute assumes advisory functions in the supervision of high-risk AI systems that may discriminate on grounds of sex, in accordance with the European AI RegulationEuropean AI Regulation

The Royal Decree also consolidates the distinction between the Women's Institute and the new Independent Authority for Equal Treatment, which are separate bodies with complementary mandates. The Institute is configured as the reference body for equality between women and men, with greater functional independence and guaranteed sufficient resources.

Economic and operational impact

The impact for listed companies materializes on three concrete operational fronts:

  • Audit of board composition: Listed companies must demonstrate to the Institute the gender balance in their governing bodies. This involves reviewing current composition and identifying possible gaps that may be subject to supervision.
  • Pay transparency (Directive 2023/970): Listed companies must implement or strengthen their salary information systems, including the publication of data on pay gaps by sex. Non-compliance falls under the Institute's supervisory radar.
  • Review of AI systems: Companies using artificial intelligence systems classified as high-risk in selection, evaluation or people management processes must consider that the Institute now has advisory functions in their supervision. This particularly affects candidate screening tools, performance evaluation or shift assignment.

The cost of adaptation will depend on each company's starting point, but those that have not yet implemented the required pay records and equality plans face an immediate supervisory risk, given that the regulation entered into force without a transitional period.

Who does it affect?

  • Listed companies: Direct supervision in gender balance in governing bodies and compliance with pay transparency (Directive 2023/970).
  • Companies with high-risk AI systems: Those using AI tools in HR processes (selection, evaluation, promotion) fall under the Institute's advisory scope regarding sex discrimination.
  • Workers: Have a strengthened body to turn to in cases of sex discrimination in employment, social security or access to goods and services.
  • Victims of sex discrimination: The Institute expands its role as a body for assistance and guarantee of rights.
  • Public bodies: Must align with the Institute's new competencies in their equality policies.

Practical example

An IBEX 35 listed company that uses an artificial intelligence system for screening applications in its selection processes must, from July 30, 2026, consider that this system may be subject to advisory analysis by the Women's Institute if it is classified as high-risk under the European AI Regulation.

At the same time, that same company is required to have its pay transparency system operational in accordance with Directive 2023/970 and to be able to demonstrate to the Institute the gender balance in its board of directors. If its board has, for example, 12 members and only 2 are women, that composition may be subject to active supervision under the new bylaws. The company should document its current situation, identify the gap and establish an action plan before the Institute initiates supervisory actions.

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What should companies do now?

  1. Audit board composition: Review current gender balance in governing and administrative bodies. Document the situation and, if there is imbalance, design an action plan with specific timelines.
  2. Verify compliance with Directive 2023/970: Check that pay information systems are operational and that pay gap data by sex is available and auditable. If not, implement them urgently.
  3. Map AI systems used in HR: Identify what artificial intelligence tools are used in selection, evaluation or people management and determine if they are classified as high-risk under the European AI Regulation. Prepare documentation on their decision criteria.
  4. Review the equality plan: Ensure that the current equality plan includes the new obligations derived from Directives 2024/1499 and 2024/1500 and is updated to the date of entry into force of this regulation.
  5. Designate a monitoring officer: Assign internally (or to an external advisor) the monitoring of the Women's Institute's actions regarding supervision of listed companies, to anticipate information requests.

Frequently asked questions

Which companies come under supervision of the Women's Institute with Royal Decree 634/2026?

Listed companies expressly come under Institute supervision regarding gender balance in their governing bodies and compliance with pay transparency obligations derived from Directive 2023/970. Additionally, any company using high-risk AI systems in processes that may discriminate on grounds of sex falls within the Institute's advisory scope.

When does the new regulation enter into force and is there an adaptation period?

Royal Decree 634/2026 entered into force on the same day as its publication in the BOE: July 30, 2026. There is no additional transitional period. The European Directives 2024/1499 and 2024/1500 that it transposes had their deadline expired since June 2026, so the obligation to comply is immediate.

What pay transparency obligations must listed companies comply with?

Listed companies must comply with the obligations derived from Directive 2023/970, which include the publication of information on pay gaps by sex and the availability of auditable salary data. The Women's Institute is the supervisory body for these obligations in Spain.

What is the difference between the Women's Institute and the Independent Authority for Equal Treatment?

They are separate bodies with complementary mandates. Royal Decree 634/2026 expressly consolidates this distinction. The Women's Institute is the reference body for equality between women and men, with competencies in employment, social security, access to goods and services, and supervision of listed companies. The Independent Authority for Equal Treatment has a broader mandate covering other grounds of discrimination.

What role does the Women's Institute play in the supervision of artificial intelligence?

The Institute assumes advisory functions in the supervision of high-risk artificial intelligence systems that may discriminate on grounds of sex, in accordance with the European AI Regulation. This means it can be consulted or intervene in the supervision processes of AI tools used in personnel selection, performance evaluation or other HR processes that affect workers.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16550



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