EU: EDPB and EDPS publish joint opinion on the European Commission’s Proposal for the Digital Omnibus on AI | DLA Piper
https://www.jdsupra.com/legalnews/eu-edpb-and-edps-publish-joint-opinion-1310614/
Publish Date: 2026-02-17 12:43:00
Source Domain: www.jdsupra.com
[co-authors: Ciara Kelly, Rachel de Souza]
Navigating Simplification Without Sacrificing Safeguards: Key Takeaways
As the EU begins the complex task of making the European Artificial Intelligence Act[1] (the “AI Act”) workable in real life, the European Commission’s Proposal for a Regulation amending Regulations (EU) 2024/1689 and (EU) 2018/1139 as regards the simplification of the implementation of harmonised rules on artificial intelligence (the “Proposal”) aims to smooth the path. The EDPB and EDPS agree that simplification is needed, but their new Joint Opinion 1/2026 (the “Opinion”) makes one thing clear from the outset: convenience cannot come at the cost of fundamental rights. Their analysis offers an early glimpse of the pressure points that will define AI governance in 2026.
A push for simplification – but not at the expense of rights
The Proposal seeks to reduce some of the early operational challenges arising under the AI Act. The EDPB and EDPS recognise the value in easing administrative strain but emphasise that the AI Act already contains tailored mechanisms to balance innovation with rights protection. Their concern is that several of the proposed adjustments risk weakening this balance if they are not drafted narrowly. In their view, simplification should support implementation, not dilute transparency or accountability.
Sensitive data and bias correction
Under the current AI Act, special category data can only be used for bias detection and correction in high-risk systems and only where it is strictly necessary. The Proposal would extend this to all AI systems and models and lower the threshold to “necessary” or “necessary and proportionate”. The EDPB and EDPS warn that this risks undermining a core safeguard in the GDPR, even if bias in non-high risk systems can also have harmful effects. They advise reinstating strict necessity, limiting the derogation to situations involving real risks to rights and freedoms,…
