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Digital Omnibus (GDPR) Negotiations at the Council – October 2026 Update

Council negotiations nearing conclusion, but reform ambitions fall short

The Council of the EU is close to finalising its negotiating position on the Digital Omnibus, following further discussions under the Irish Presidency. Two revised compromise texts were circulated ahead of meetings of the Antici Group (Simplification) on 11 and 25 September 2026, bringing months of negotiations between Member States towards a conclusion.

The latest compromise was scheduled for endorsement by the Permanent Representatives Committee (COREPER II) on 7 October, but consideration was deferred following objections led by Germany concerning trade secrets protection under the Data Act. A further attempt to secure agreement on 11 October was subsequently postponed, with no new date yet confirmed. Although the outstanding dispute does not directly concern the GDPR provisions, it has delayed formal agreement on the Council’s negotiating mandate.

A disappointing outcome for GDPR reform

For Privacy Next, the emerging Council position represents a disappointing outcome. While successive compromise texts have delivered some improvements, the negotiations have failed to match the ambition of the Commission’s original proposals or the EU’s wider commitments to simplification, innovation and competitiveness.

The evolution of the provisions on the definition of personal data illustrates the problem. What began as an attempt to provide greater legal certainty by clarifying when individuals are realistically identifiable has evolved into an increasingly complex set of qualifications designed to preserve the GDPR’s regulatory reach. Opportunities to facilitate scientific research and provide greater certainty for AI development have also been weakened.

More fundamentally, the negotiations reveal an imbalance in the Council’s approach. Considerable attention has been devoted to preserving existing regulatory protections, with insufficient weight given to the equally important objectives of legal certainty, innovation and the free movement of personal data.

This is difficult to reconcile with the commitments made in the One Market, One Europe Roadmap, endorsed at the highest EU political level, to strengthen Europe’s competitiveness, simplify regulation and support innovation. The Council’s emerging position on the Digital Omnibus falls short of translating those commitments into meaningful legislative reform.

What next?

With the Council’s position substantially settled, attention now turns to the European Parliament, where the joint LIBE/ITRE Committee is examining amendments to the Commission proposal.

Privacy Next believes Parliament has an important opportunity to restore ambition to the Digital Omnibus and ensure that the EU’s wider economic and strategic objectives are properly reflected in GDPR reform.

Strong data protection, legal certainty and innovation should not be treated as competing objectives. Achieving all three must remain the ambition for the next generation of privacy.

15 October, 2026