On 21 January 2026, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) published a Joint Opinion on the European Commission’s Digital Omnibus on AI proposal, which seeks to simplify the implementation of the EU AI Act. The Joint Opinion welcomes efforts to reduce administrative burdens for organisations deploying AI systems, but underscores that administrative simplification must not weaken fundamental rights protections, especially regarding personal data.
The EDPB and EDPS broadly support the Commission’s intention to address practical challenges in applying harmonised AI rules across the EU. They emphasise, however, that key safeguards must be maintained or strengthened. In particular, they recommend that:
- The proposed expansion of processing special categories of personal data for bias detection be narrowly limited to situations where serious harm is at stake and robust safeguards are in place.
- The registration requirement for high‑risk AI systems should be retained even where providers claim systems are non‑high‑risk, to ensure accountability and transparency.
- Regulatory sandboxes at the EU level should involve data protection authorities in supervision, and the EDPB should have an advisory role at the European Artificial Intelligence Board.
The opinion also stresses the need for clear roles for the new AI Office and Market Surveillance Authorities and insists that AI literacy obligations remain with providers and deployers rather than being shifted to public bodies.
While supportive of measures to streamline compliance, the EDPB and EDPS highlight that preserving fundamental rights and robust oversight frameworks is essential to ensure that AI innovation progresses responsibly within the EU.
Please refer to the following official press release: