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Proposal · not law · creates no obligations · CELEX 52025PC0837

Digital Omnibus (Data Omnibus)

COM(2025) 837 final — Digital Omnibus Regulation (proposal)

Official text: COM(2025) 837 final — Digital Omnibus RegulationTier 1 · primary law

Status
Proposal as of 21 October 2026
Key dates
1 dated event
Competent authority
not established in this dataset
Sanction ceiling
none recorded

NOT LAW. A Commission proposal (COM(2025) 837, 19 November 2025) with no Council negotiating mandate reported and no Parliament position as at 21 October 2026. Council: the Cypriot Presidency withdrew its compromise text from COREPER in late June 2026 for lack of a qualified majority; the Irish Presidency's revised compromise of 3 September 2026 (ST 12535/26) was followed by a further revised text for the Antici Group of 25 September (ST 13112/26, clm-data-omnibus-st-13112) and, on 2 October, by a draft negotiating mandate put to Coreper (ST 13886/26, clm-data-omnibus-draft-mandate); the Coreper II vote due on 11 October was not held, as reported by Agence Europe (clm-data-omnibus-council-october), and a revised version was due before Coreper on 21 October 2026, whose outcome had not been published when checked that day (clm-data-omnibus-coreper-21-october). Parliament: with the joint ITRE–LIBE committee, draft report of 22 June 2026, amendments tabled 27 July 2026, 'awaiting committee decision' on the Legislative Observatory on 21 October 2026 (clm-data-omnibus-parliament-stage). No trilogue has begun. Every GDPR, ePrivacy and Data Act change it contains is proposed text, not an obligation. Must never be rendered as an Act. The Commission's own label is 'Digital Omnibus'; 'Data Omnibus' is the informal shorthand used in this brief. 21 Oct 2026 (audit items 2 and 12): legislative_status changed from status:stalled to status:proposal, the factual stage: 'stalled' was a reading of the Council's progress, not a stage of the procedure, and the procedure is still at proposal. last_verified 21 Oct 2026: the status was re-read that day (audit items 2 and 12); the other fields were last re-read on 27 Aug 2026.

In short: what you need to know

  • Objective: Simplification of the data acquis: an entity-relative test for personal data in Art. 4(1); a new Art. 41a on pseudonymised data; relocation of cookie consent into a new Art. 88a; a new Art. 88c legitimate-interest basis for AI model training.
  • Would bind: Controller · Processor
  • Would protect: Data subject
  • Core provisions: not established key provisions →
  • Key dates: Legislative proposal 19 November 2025 the timeline →
  • Sanction ceiling: not establishedProposal; no independent ceiling. enforcement →

What does the Digital Omnibus propose?

Simplification of the data acquis: an entity-relative test for personal data in Art. 4(1); a new Art. 41a on pseudonymised data; relocation of cookie consent into a new Art. 88a; a new Art. 88c legitimate-interest basis for AI model training.

How it allocates obligations

Inherits the GDPR's.

Regulated actor
Controller · Processor
Protected party
Data subject
Territorial reach
Established in the EU · Outside the EU, serving EU users
Implementation model
Not applicable — proposal
Enforcement mechanism
Would inherit the GDPR's.

Where does the Data Omnibus stand? Key dates

Entry into force, application and transposition are different events and are kept apart. A date at month precision is shown as a month rather than invented as a day.

  1. 19 November 2025Legislative proposalCOM(2025) 837 final published. A proposal, not law.

The whole compliance calendar, filterable →

Who would the Data Omnibus affect?

No rules recorded

The applicability engine holds no rule for this instrument yet. Absence of a rule is absence of knowledge, not evidence that the instrument does not reach you.

Answer three questions instead →

What would the Data Omnibus change? Key provisions

No provisions recorded

No article of this instrument has been entered into the dataset. The obligations it imposes are therefore described here only in general terms, and the applicability rules for it cannot point at articles.

How would the Data Omnibus be enforced?

No enforcement recorded

This dataset holds no enforcement action under this instrument. That is what the record says; it is not a finding that none has been taken.

The whole enforcement observatory →

What is this page based on? Evidence and sources

Every statement this site makes about Data Omnibus, graded by what actually carries it. The grade is derived from the claim type and its sources, never stored, so it cannot drift from what it describes.

The instrument record itself was last verified on 21 October 2026; every claim below carries its own date.

1 Primary law3 Official source3 Secondary only3 Attributed view1 Interpretation
Primary law law

The Commission's four principal proposed GDPR reforms were: an entity-relative test for personal data in Art. 4(1); a new Art. 41a empowering the Commission to set, by implementing acts, the means and criteria for determining when pseudonymised data ceases to be personal; relocation of cookie consent into a new Art. 88a; and a new Art. 88c providing an explicit legitimate-interest basis for AI model training. None is law.

Tier 1 · primary law states this

COM(2025) 837 final — Digital Omnibus Regulation — European Commission 19 November 2025 Art. 3 (amendments to Regulation (EU) 2016/679): point 1(a) (Art. 4(1), added sentences), point 10 (new Art. 41a), point 15 (new Arts 88a and 88c)

Unverified · the brief itself states this

Original source document underlying this siteno link — The European Legal Framework for the Digital World (this brief) 19 August 2026 Part VIII

Read it in the brief → Last verified 27 September 2026
Official source fact

A further Presidency revised compromise text on the Digital Omnibus, ST 13112/26, was the basis of the Antici Group (Simplification) meeting of 25 September 2026.

Tier 2 · regulator states this

CM 4156/26 — Notice of meeting and provisional agenda, Antici Group (Simplification), 25 September 2026 — Council of the European Union 17 September 2026 Item 1: 'Exchange of views based on the Presidency revised compromise text — ST 13112/26 (Presidency revised compromise text – to be issued)'

Tier 2 · regulator supports in part

ST 13886/26 — Digital Omnibus: Mandate for negotiations with the European Parliament (2 October 2026) — Council of the European Union 2 October 2026 §7: meetings on '11 September, and 25 September'; 'the Presidency presented two revised compromise texts'

Read it in the brief → Last verified 21 October 2026
Official source fact

On 2 October 2026 the Council's General Secretariat put a 163-page draft mandate for negotiations with the European Parliament on the Digital Omnibus, ST 13886/26, to the Permanent Representatives Committee.

Tier 2 · regulator states this

ST 13886/26 — Digital Omnibus: Mandate for negotiations with the European Parliament (2 October 2026) — Council of the European Union 2 October 2026 Cover note: 'Brussels, 2 October 2026'; 'To: Permanent Representatives Committee'; '- Mandate for negotiations with the European Parliament'; 163 pages

Read it in the brief → Last verified 21 October 2026
Official source fact

In the European Parliament the Data Omnibus is with the joint ITRE–LIBE committee: a draft report was tabled on 22 June 2026 and amendments to it on 27 July 2026, and on 14 October 2026 the procedure stood at 'awaiting committee decision', so Parliament has adopted no position and trilogues have not begun.

Tier 2 · regulator states this

Procedure file 2025/0360(COD): Simplification of the digital legislative framework – Digital Omnibus (Omnibus VII) — European Parliament Procedure file 2025/0360(COD): 'Stage reached in procedure: Awaiting committee decision'; Key players (joint committee ITRE/LIBE); Documentation gateway (Committee draft report PE786.818, 22/06/2026; amendments tabled in committee, 27/07/2026)

Read it in the brief → Last verified 21 October 2026
Secondary only fact

The Data Omnibus has moved in both directions before the Council: by May 2026 successive Cypriot Presidency texts had deleted three of the Commission's four principal GDPR reforms, the Cypriot Presidency withdrew its text from COREPER in late June 2026 for lack of a qualified majority, and the Irish Presidency's revised compromise of 3 September 2026 then restored an AI legitimate-interest clause (as a new Article 88 bis, without the Commission's safeguards) and moved pseudonymised data into a new Article 25a.

Tier 4 · press / advocacy states this

Digital Omnibus negotiations — GDPR July 2026 update — Privacy Next 8 July 2026

Tier 4 · press / advocacy states this

EU Digital Omnibus Hands the Wheel to the Referee — International Center for Law & Economics 11 June 2026 Paragraph citing 'Council document 9547/26' of 21 May: the compromise 'deletes three of the Commission's four principal GDPR reforms'

Tier 4 · press / advocacy states this

EU Council draft drops unconditional opt-out from GDPR AI clause — PPC Land 26 September 2026 Sections 'The clause, line by line' (ST 12535/26, 3 September 2026; the AI clause renumbered Article 88 bis) and 'Personal data after the SRB judgment' (new Article 25a)

Tier 2 · regulator supports in part

ST 12535/26 — Digital Omnibus: Presidency revised compromise text (3 September 2026) — Council of the European Union 3 September 2026 Annex: 'Article 88c88 bis'; 'Article 29a25a' (renumbering; the deletions are struck through in the original)

Read it in the brief → Last verified 26 September 2026
Secondary only fact

According to Agence Europe, a revised version of the Irish Presidency's text, with stronger protection for trade secrets and a Commission report on the proportionality of SMEs' obligations, was due before Coreper on 21 October 2026 with a view to a negotiating mandate; no outcome of that meeting had been published when this was checked on 21 October 2026.

Tier 4 · press / advocacy states this

'Digital Omnibus' proposal back before EU Member States with new safeguards for trade secrets — Agence Europe (Europe Daily Bulletin No. 13964) 20 October 2026 Paragraphs 1-3: 'Coreper is due to examine a revised version on Wednesday 21 October'; 'stronger protection for trade secrets, one of Berlin's red lines'; 'a specific report … the proportionality of the obligations imposed on small and medium-sized enterprises'

Read it in the brief → Last verified 21 October 2026
Secondary only fact

The Irish Presidency's compromise text on the Data Omnibus was due to be put to a vote in Coreper II on 11 October 2026 but was neither discussed nor voted on, its examination having already been postponed at Coreper on 7 October under pressure from Germany and France; as at 14 October 2026 the Council has no negotiating mandate.

Tier 4 · press / advocacy states this

Future of 'Digital Omnibus' still in limbo as Member States fail to agree — Agence Europe (Europe Daily Bulletin No. 13958) 12 October 2026 Paragraphs 1-2: 'was supposed to go to a vote at an EU Committee of Permanent Representatives (Coreper II) meeting on Sunday 11 October. But in the end, it wasn't even discussed – or voted on'; 'postponed … at an initial meeting of the Committee of Permanent Representatives (Coreper) on Wednesday 7 October, under pressure from Germany and France'

Read it in the brief → Last verified 14 October 2026
Attributed view attributed

The EDPB and EDPS adopted Joint Opinion 1/2026 on the AI Omnibus and Joint Opinion 2/2026 on the Data Omnibus, holding in the second that the personal-data definition change goes far beyond a targeted modification and would significantly narrow the concept, that the Art. 41a implementing-act power should not be entrusted to the Commission, and that Art. 88c is unnecessary.

Tier 2 · regulator states this

EDPB–EDPS Joint Opinion 2/2026 on the Digital Omnibus proposal — European Data Protection Board February 2026 Paras 17 ('significantly narrowing the concept of personal data') and 21 ('goes far beyond a targeted modification of the GDPR'); paras 23 and 25 (applying the definitions is for supervisory authorities; 'suggest deleting proposed Article 41a GDPR'); para 39 ('it is not necessary to add a specific provision to the GDPR on this point')

Tier 2 · regulator supports in part

EDPB–EDPS Joint Opinion 1/2026 on the AI Omnibus proposal — European Data Protection Board 20 January 2026 Title page: Joint Opinion 1/2026 on the Digital Omnibus on AI, adopted on 20 January 2026

Read it in the brief → Last verified 27 September 2026
Attributed view attributed

noyb concluded that the Digital Omnibus's GDPR and ePrivacy amendments would produce multiple conflicts with the Charter and a clear departure from the GDPR's logic and CJEU case law.

Tier 4 · press / advocacy states this

Digital Omnibus Report V3: Analysis of Select GDPR and ePrivacy Proposals by the Commission — noyb 24 February 2026 "Our analysis reveals that the parts amending the GDPR and the ePrivacy Directive would lead to multiple conflicts with the EU's Charter of Fundamental Rights … and a clear departure from the current logic of the GDPR or CJEU case law"

Read it in the brief → Last verified 27 September 2026
Attributed view attributed

ICLE argues that the Digital Omnibus's greatest weakness is its silence on enforcement architecture: without institutional reform, the authorities that read the GDPR expansively will read the new exemptions narrowly.

Tier 4 · press / advocacy states this

EU Digital Omnibus Hands the Wheel to the Referee — International Center for Law & Economics 11 June 2026 Opening section: 'Finally, the package’s greatest weakness was its silence on enforcement architecture. Without institutional reform, we argued, the same authorities that had interpreted the GDPR into a “law of everything” would read the new exemptions just as narrowly.'

Unverified · the brief itself states this

Original source document underlying this siteno link — The European Legal Framework for the Digital World (this brief) 19 August 2026 Part VIII

Read it in the brief → Last verified 27 September 2026
Interpretation interpretation

The November 2025 Digital Omnibus is an official concession that the rulebook the Union spent six years building requires structural repair before it has finished arriving.

Tier 2 · regulator supports in part

Legislative Train — Digital Package — European Parliament 2026

Unverified · the brief itself states this

Original source document underlying this siteno link — The European Legal Framework for the Digital World (this brief) 19 August 2026 Part VIII

Read it in the brief → Last verified 27 August 2026

The full bibliography and the evidence method →

How does the Data Omnibus interact with other EU laws?

1 recorded interaction with other instruments — each with a direction, the provisions that carry it and its own sources. Direction is preserved as recorded: an instrument that amends another is not the same as one amended by it.

Data Omnibus Amends GDPR

PROPOSED amendment only. The Digital Omnibus proposes changes to the personal-data definition, a new Art. 41a, relocation of cookie consent to Art. 88a and a new Art. 88c. None is law; the proposal is stalled in Council.

What the brief argues
  • Primary lawThe Commission's four principal proposed GDPR reforms were: an entity-relative test for personal data in Art. 4(1); a new Art. 41a empowering the Commission to set, by implementing acts, the means and criteria for determining when pseudonymised data ceases to be personal; relocation of cookie consent into a new Art. 88a; and a new Art. 88c providing an explicit legitimate-interest basis for AI model training. None is law.
  • Secondary onlyThe Data Omnibus has moved in both directions before the Council: by May 2026 successive Cypriot Presidency texts had deleted three of the Commission's four principal GDPR reforms, the Cypriot Presidency withdrew its text from COREPER in late June 2026 for lack of a qualified majority, and the Irish Presidency's revised compromise of 3 September 2026 then restored an AI legitimate-interest clause (as a new Article 88 bis, without the Commission's safeguards) and moved pseudonymised data into a new Article 25a.

Recorded as at 27 August 2026