Liberties has formally requested that EU Member States reject proposed provisions in the Data Omnibus that would exempt AI companies from existing data protection regulations. The organization argues that these exemptions would grant Big Tech firms broad access to personal data for model training, undermining privacy rights across the European Union.
The proposed exemptions represent a significant shift in European digital policy, potentially prioritizing AI development speed over the GDPR's established privacy framework. For the streaming and tech ecosystem, this could lower the barrier for training recommendation engines and generative tools, but it risks a fragmented regulatory landscape if the European Parliament maintains a stricter stance. If adopted, these rules would grant global platforms the same data access as local startups, likely consolidating the market power of established players rather than fostering new competition. Watch for the Council to finalize its position in the coming weeks, which will signal the start of high-stakes trilogue negotiations with the Parliament.
The debate over data access follows broader EU personal data competition rules that have already begun to challenge the data moats maintained by major tech firms. Recent EU Product Liability Directive updates also signal a tightening of accountability for software and data-driven services, similar to the German AI content liability rule currently being debated. The European Commission is also currently evaluating new EU generative AI copyright rules for training, while also labeling ChatGPT a VLOSE to trigger stricter oversight, and OpenAI text watermarking is already debuting in the region to meet new compliance standards, even as EU AI Act compliance deadlines for high-risk systems are being adjusted, while global AI regulatory frameworks continue to diverge.
The advocacy group Liberties is urging EU Member States to reject proposed Data Omnibus AI exemptions, specifically Article 88 bis. This measure would allow tech companies to bypass GDPR protections to train AI models. Critics argue this undermines privacy and consolidates market power for global platforms rather than supporting local industry.
Article 88 bis is a proposed provision in an EU Council document that would exempt AI technologies from standard personal information protections to encourage European competitiveness.
Liberties argues that these exemptions would allow companies to use private data, such as chat logs and blog posts, for AI training without user consent, while undermining established GDPR privacy frameworks.
While intended to boost European competitiveness, advocates warn the deregulation would equally benefit non-EU firms like Meta and ChatGPT, potentially consolidating their market power.
The Irish Presidency of the Council is facing criticism for allegedly rushing these measures while the European Parliament is still engaged in detailed debate on the matter.
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