European Union to Tackle 'Consent Weariness' and AI Act Obstacles
The European Commission has announced plans to ups a digital omnibus package in December, which aims to simplify various areas of EU digital regulation. The announcement comes as concerns over outdated and complex regulations have been raised by businesses and industry leaders.
The digital omnibus package will focus on immediate adjustments to certain areas, including the EU's incident and data breach reporting obligations, rules on data legislation, and cookies. The package is expected to include necessary and immediate measures to address these issues.
One of the key areas of focus will be the simplification of the EU's rules on high-risk AI systems. The Commission held a consultation over the summer regarding the implementation of the rules, which were written into EU law last year. The rules for high-risk AI systems are set to come into effect in August next year.
The Commission is concerned that the current rules on data legislation, such as the Data Governance Act, Free Flow of Non-Personal Data Regulation, and Open Data Directive, are outdated, fragmented, and unnecessarily complex for businesses. The Commission wants to ensure the optimal application of the recently adopted AI Act and provide legal predictability to businesses that are about to apply the rules.
In addition, pragmatic and immediate clarifications to limit consent fatigue, provide legal clarity on rightful access and processing, and enhanced data availability to businesses are required regarding the EU's rules on cookies. The challenges for businesses arising from cyber incident reporting obligations under various EU legislative frameworks are real, according to technology law expert Andreas Carney.
Businesses have until 14 October to have their say on the Commission's digital omnibus proposals. The Commission's digital omnibus is reportedly scheduled to be published in December.
The Commission is not the only one expressing concerns about the complexity of EU regulations. A group of 50 European business leaders warned that Europe's AI ambitions are at risk due to unclear, overlapping, and increasingly complex EU regulations. Former European Central Bank president Mario Draghi also called for the rules on high-risk AI to be paused.
The digital omnibus package will also include measures to address problems and achieve simplification of EU rules relating to data, use of cookies, cybersecurity incident reporting, and AI Act implementation. Prohibitions on certain types and uses of AI began applying in February, and rules impacting providers of general purpose AI models came into effect in August.
The Commission's digital omnibus package is a significant step towards simplifying EU regulations and ensuring legal certainty for businesses operating in the digital sphere. The package is expected to provide much-needed clarity and simplification for businesses, particularly in the areas of AI, data protection, and cookies. The Commission has opened a call for evidence on its proposed digital omnibus package of reforms, inviting businesses and stakeholders to share their views and opinions.
