AIG Newsletter 11 May 2026

NEWS

In this week’s edition: the Commission sets out plans to simplify EU lawmaking, while teaming up with the EDPB to develop guidance on the interplay between competition and data protection rules. Negotiations on the AI “digital omnibus” stall amid continued disagreements, as the Commission’s latest Competition Policy Report highlights major enforcement action in digital advertising markets and underscores its role in boosting resilience and competitiveness. The EDPB has also launched a consultation on new guidelines clarifying how GDPR applies to scientific research, with implications for market research activities, while a coalition of media associations raises concerns over Digital Omnibus consent provisions that risk undermining online business models. Finally, proposed cybersecurity reforms raise concerns for non‑EU firms.

COMMISSION PROPOSES BETTER EU RULES

The European Commission has proposed reforms to simplify EU lawmaking, focusing on clearer rules, better enforcement, and reducing unnecessary complexity, including tackling “gold‑plating” by Member States. A new Regulatory Deep Cleaning Action Plan will prioritise 12 sectors for review in 2026–27, alongside a call for stakeholder input, a Simplification Platform, and AI-supported compliance checks. Some MEPs, however, have questioned the Commission’s ambition and track record.

EU TO GUIDE COMPETITION-DATA PROTECTION ALIGNMENT

The European Commission and the European Data Protection Board (EDPB) have agreed to jointly develop guidance clarifying how EU competition and data protection law interact. The initiative will focus on specific cases where data protection considerations are relevant to competition assessments, aiming to ensure a coherent and consistent application of both frameworks. The work builds on earlier cooperation, notably the joint DMA-GDPR guidelines and reflects ongoing efforts to provide greater legal certainty for businesses and enforcers while aligning the complementary objectives of the two areas of EU law.

MEPs BRIEFED ON STALLED OMNIBUS TRILOGUE

Negotiations on the EU’s AI "digital omnibus" stalled after an April trilogue failed to resolve disagreements over how the AI Act interacts with sector-specific legislation. Talks continue with a further meeting scheduled. Despite the delay, co-legislators remain committed to finalising the package and preserving a "stop-the-clock" delay to key obligations, with provisional agreement maintaining the Act’s risk-based approach and postponing requirements for high‑risk AI systems until December 2027 for stand-alone systems and August 2028 for those embedded in regulated products. Some stakeholders have warned against weakening the framework’s horizontal structure.

COMMISSION PUBLISHES 2025 COMPETITION POLICY REPORT

The European Commission has published its 2025 Competition Policy Report, outlining key legislative developments and enforcement actions while reinforcing competition policy as central to a resilient and fair Single Market. The report also highlights some of the enforcement cases in digital and advertising markets, and includes a reference to the Commission’s €2.95 billion antitrust decision against Google for abusing its dominance in online display advertising technology through self‑preferencing, and a €200 million fine against Meta over its "consent or pay" advertising model, found to breach DMA rules. The report emphasises the role of competition policy in supporting the clean transition, addressing cost‑of‑living pressures, and updating merger and antitrust frameworks to reflect innovation, scale and global competitiveness.

EDPB GUIDELINES 1/2026 ON SCIENTIFIC RESEARCH DATA PROCESSING

The EDPB has launched a public consultation on its draft Guidelines 1/2026 on the processing of personal data for scientific research purposes, setting out how GDPR requirements apply to research activities, including lawful bases, safeguards, and the use of further processing. The draft emphasises clear criteria for what qualifies as scientific research and the conditions under which data can be reused, which is likely to be relevant for market research by reinforcing the need to demonstrate genuine research purposes and appropriate safeguards when handling personal data.

MEDIA SECTOR RAISES CONCERN OVER DIGITAL OMNIBUS

A coalition of media industry associations has warned the EU that proposed consent provisions in the Digital Omnibus – specifically Articles 88a and 88b – risk undermining press and media business models by restricting consent requests, centralising consent mechanisms that favour intermediaries, and narrowing the audience measurement derogation beyond what existing industry practice requires. The associations are calling for the deletion of the most problematic provisions and a comprehensive review of the data protection acquis.

US FIRMS COULD FACE EXCLUSION UNDER NEW EU CYBER BILL

A proposed reform of the EU’s Cybersecurity Act could see non‑EU companies, including US firms, restricted or excluded from critical supply chains if they are deemed to pose security risks or fail to comply with EU rules, according to Politico. The plans aim to address broader geopolitical and "non‑technical" risks, allowing authorities to classify suppliers from certain countries as high‑risk, with lawmakers warning that US companies could be affected given concerns about their compliance record and potential external influence over key digital services.

DATES FOR YOUR DIARY

11 May: Meeting of the Antici Group to discuss the Digital Omnibus File 

19-20 May: AI Week in Milano

20 May: BEREC Online External Workshop on Combating Fraud. Register here.

1 June: AIG Exchange Partners Meeting

8 June: Eighth Meeting of the European Artificial Intelligence Board