European Data Protection Authorities Warn Against Weakening the AI Act Under the “Digital Omnibus” Reform
On January 20, 2026, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) adopted Joint Opinion 1/2026 on the European Commission’s proposal to amend the EU AI Act as part of the so-called Digital Omnibus initiative.
While the authorities acknowledge the complexity of the AI Act and accept that targeted simplifications may improve legal certainty and administrative efficiency, they warn that any reform must not weaken the protection of fundamental rights — particularly the right to personal data protection.
Among their key recommendations, the authorities emphasize the need to strictly limit the use of sensitive personal data for bias detection and correction purposes. They call for a “strict necessity” threshold rather than a mere “necessity” standard.
The EDPB and EDPS also oppose the proposed removal of certain registration and AI literacy obligations for providers and deployers of AI systems, considering these requirements essential to ensuring effective oversight.
The Opinion further calls for stronger institutional coordination around EU-level AI regulatory sandboxes, including clear involvement of data protection authorities. Finally, the authorities express serious concerns about postponing certain obligations applicable to high-risk AI systems, warning that delays could create temporary regulatory gaps and undermine public trust.
Source
Covington & Burling LLP – European Data Protection Authorities Issue Joint Opinion on the Digital Omnibus on AI