AI for business · Regulation

Digital Omnibus — changes to GDPR, cookies and the Data Act (proposal)

The data part of the Digital Omnibus would amend GDPR (e.g. a clearer legitimate interest for AI training, a narrower definition of personal data), move cookie rules into GDPR and simplify the Data Act. It is still a proposal.

ProposalEUData and privacyCommission proposal of 19 Nov 2025

What it means for AI

Many articles already describe these changes as if they applied. They do not: as of September 2026 the Parliament and the Council are still negotiating (the Council has no negotiating mandate yet). Until then, GDPR applies unchanged.

What you must do

  • No duties yet. Follow the negotiations; do not rely on the proposed relief.

Examples

“Can we now train AI on customer data under legitimate interest?”

Only under the current GDPR test (necessity, balancing, opt-out) — the proposed clarification is not law.

Key dates

  1. The Commission publishes the proposal.

  2. Council working party discusses a new compromise text; no mandate yet.

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General information, not legal advice — consult a lawyer for borderline cases. Regulations reviewed on 29 Sep 2026.