While Brussels has been seeking for years to build a coherent and protective digital framework , a new text, the Digital Omnibus , could change everything.
Presented as a simple evolution, it nevertheless reshapes the framework of the GDPR and the AI Act , two pillars of European regulation. This evolution is already sparking heated debate, between the promise of simplification and the fear of outright deregulation…
A more flexible GDPR to allow innovation to breathe?
Officially presented by the European Commission , the Digital Omnibus project directly attacks the backbone of the GDPR. The European executive claims to want to clarify a body of law that has become opaque and costly to implement, but the revisions affect the very foundations of the regulation.
The preparatory documents notably pave the way for a broader use of ” legitimate interest ” to train AI models on personal data without prior consent. The text also aims to ease the processing of sensitive data when it appears later in training datasets, in order to prevent companies from having to start from scratch.
Towards pseudonymized data?
Another notable development: some pseudonymized data could fall outside the scope of the GDPR. In a report by the NGO noyb , which monitors the application of privacy laws, these adjustments amount to giving a veritable ” blank check ” to large technology companies.
The association also warns of a possible authorization of remote access to terminals without user consent in certain cases, a major reversal compared to the current framework.
AI Act, sensitive data and ePrivacy: a shift embraced by Brussels
The Digital Omnibus is not limited to the GDPR, it also modifies the trajectory of the AI Act, some of whose obligations are postponed by more than a year , particularly for so-called ” high-risk ” systems .
The goal is to give businesses, particularly SMEs, time to integrate the necessary procedures . The role of sensitive data is also being reviewed: its processing could be authorized for the purpose of detecting bias in AI systems, subject to safeguards. This development is presented as a way to gain a competitive edge against the United States and China.
On the ePrivacy front , Brussels is introducing a highly visible measure for the general public, already mentioned in recent days : the gradual disappearance of cookie banners as we know them. This is a way of addressing the widespread fatigue of internet users…
A reform welcomed by the industry, and contested by digital rights advocates
While the Commission emphasizes the need to reduce the regulatory burden and enable European companies to remain competitive globally , political and citizen reactions are far from unanimous.
Noyb , EDRi and ICCL denounce a ” massive lowering ” of protections, while several groups in the European Parliament warn against a breakdown of the balance between innovation and fundamental rights…