Decoding the Digital Omnibus: European AI Regulation and Reform
About
The European Union is the first jurisdiction in the world to adopt legislation to regulate the development and the introduction in the market of artificial intelligence systems. The Regulation 2024/1689 (Artificial Intelligence Act or AI Act) is its main intrument. While the Regulation is still not fully applicable, latest policy trends have led the European institutions to proposal amendments to its text. The present podcast addressed the main content and the reasons behind the so-called Digital Omnibus Proposal.
In this Reach Out episode, Martin Ebers, Visiting Professor at University of Alicante (UA), and Aurelio López-Tarruella, Professor at UA, explore key changes introduced by the proposal, including the postponement of compliance obligations for high-risk systems until 2027 and 2028, due to the lack of finalized technical standards.
The Digital Omnibus is a proposal by the European Commission to amend digital laws, including the AI Act, before they are fully applicable. This move follows a report by Mario Draghi, which warned that overregulation is causing Europe to miss out on the digital revolution. By reforming these laws, the EU hopes to enhance its competitiveness while addressing the geopolitical pressures facing the region.
A primary focus of the Digital Omnibus on AI is postponing compliance deadlines for high-risk systems to prevent legal uncertainty for developers. Applicability has been moved to late 2027 and 2028 because necessary technical standards are not yet finalized by bodies like CEN. These standards are essential for companies to gain a “presumption of conformity” and ensure their AI systems meet safety requirements. Without these clear benchmarks for data quality and transparency, small enterprises face prohibitive costs and significant market disadvantages. This delay reflects the complexity of standardizing evolving AI software compared to traditional hardware products.
Martin Ebers and Aurelio Aurelio López-Tarruella highlight the tension between simplifying regulations to foster innovation and ensuring that fundamental rights are adequately protected by law. One specific addition is a ban on “nudifier” apps, requiring providers to use technical measures to prevent such harmful misuses. However, experts argue the current framework is flawed because it overlaps with existing laws like the GDPR, creating contradictory obligations. This duplication may lead to individuals holding confusingly different rights and companies facing double fines from separate authorities. While the Omnibus aims for simplification, the lack of coordination between various enforcement bodies remains a major challenge.
Listen to the full episode:
