Written by: Haim Ravia, Dotan Hammer
The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) have issued a joint opinion on the European Commission’s proposed Digital Omnibus on AI, supporting its goal of simplifying the implementation of the EU AI Act while cautioning against measures that could undermine fundamental rights.
he January 2026 opinion responds to the Commission’s November 2025 proposal to amend the AI Act, which aims to ease administrative burdens and extend compliance deadlines for high-risk AI systems. While acknowledging implementation challenges, the data protection authorities express concern about potential impacts on rights protection in the rapidly evolving AI landscape.
On processing sensitive personal data for bias detection, the authorities support extending this capability beyond high-risk systems but recommend maintaining “strict necessity” standards and limiting such processing to cases where bias risks are sufficiently serious. They urge clearer guidance on which non-high-risk systems would warrant such data processing.
The opinion strongly opposes removing registration requirements for AI systems that providers claim are not high-risk despite being listed in Annex III. This deletion would “significantly decrease accountability” and create incentives for providers to improperly claim exemptions, the authorities argue.
Regarding EU-level regulatory sandboxes, the EDPB and EDPS welcome the innovation support but recommend clarifying national data protection authorities’ involvement and granting the EDPB observer status at the European AI Board.
The authorities also recommend maintaining AI literacy obligations for providers and deployers rather than converting them to voluntary measures encouraged by Member States.
On the proposed timeline delays—pushing high-risk system compliance from August 2026 to potentially December 2027—the opinion acknowledges partial justification but calls for maintaining current deadlines for certain obligations, particularly transparency requirements. If delays proceed, concerted action should minimize their duration.
Click here to read the joint opinion of the EDPB and the EDPS on the Proposed Amendments to the EU AI Act.
