EDRi Responds to European Commission’s Consultation Call on the Digital Omnibus

Key Takeaways

• EDRi warns Omnibus could dilute GDPR protections.
• Proposed ePrivacy changes risk fragmented, unclear rules.
• AI Act revisions may enable broader data reuse.
• Consultation lacks proper impact assessment per Better Regulation.
• Corporate interests prioritized over privacy and fundamental rights.

Pulse Analysis

The Digital Omnibus represents the European Commission’s latest push to streamline a patchwork of digital regulations that have accumulated over the past decade. By bundling modest‑looking technical adjustments into a single package, the Commission hopes to reduce administrative burdens for businesses. However, EDRi’s consultation response underscores a procedural shortfall: the lack of a rigorous impact assessment violates the EU’s Better Regulation framework, raising doubts about the thoroughness of the policy‑making process and the weight given to civil‑society input.

At the heart of the controversy are three pillars of EU digital rights. The ePrivacy proposal would replace the current confidentiality‑focused rules with a fragmented architecture that could lead to divergent national interpretations. In the GDPR arena, the Omnibus seeks to broaden lawful bases for processing and dilute protections for sensitive data, potentially weakening enforcement and legal certainty. Simultaneously, amendments to the AI Act could make it easier for companies to justify large‑scale data reuse for AI development or scientific research, eroding the principle of purpose limitation that has been central to European data protection.

The stakes extend beyond privacy advocates. Companies operating in the EU may face a regulatory environment that prioritises flexibility over accountability, potentially accelerating data‑driven innovation but also increasing exposure to litigation and reputational risk. For policymakers, the challenge is to balance market competitiveness with the EU’s foundational commitment to fundamental rights. EDRi’s call for a rights‑based approach signals that any future iteration of the Omnibus must reconcile simplification goals with robust safeguards, or risk undermining the trust that underpins the digital single market.