EU warned not to allow the Digital Omnibus to undermine vital safeguards

In an op-ed for Tech Policy Press, Aida Ponce Del Castillo, senior researcher at the European Trade Union Institute (ETUI) in Brussels, warns that the European Commission's proposed Digital Omnibus could undermine established digital safeguards. 

The article outlines that over the last decade, the EU has constructed an extensive digital legal framework, starting with the EU General Data Protection Regulation (GDPR), followed by the Digital Services Act (DSA), the Digital Markets Act (DMA), the Data Act and the Artificial Intelligence Act (AI Act). However, the Digital Omnibus proposal reopens foundational elements of the data protection acquis, including the GDPR.

The Commission presents the initiative as a simplification effort to boost competitiveness. Conversely, Ponce Del Castillo argues that altering foundational instruments threatens the coherence of the broader regulatory system. The proposal seeks to revise critical GDPR provisions, including the definition of personal data, special category data rules, transparency duties, and procedural safeguards.

Narrowing definitions or broadening exemptions risks placing certain processing beyond regulatory oversight, making infringements harder for individuals, particularly workers, to detect and prove. The author contends that reducing documentation duties does not eliminate compliance costs or uncertainties, but merely transfers burdens to individuals, courts, and regulators.

Ultimately, the article concludes that while rights may formally remain intact, their practical enforceability could be severely weakened. The critical test for the EU is maintaining the enforceability of fundamental digital rights rather than simply removing regulatory obligations.

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