---
type: Pending Amendment
title: "The Digital Omnibus"
description: "The Commission's proposal to amend the Data Act and fold in other data laws. Not agreed as of October 2026; the Act applies as written. The AI part is law."
tags: [wider-rulebook, eu-data-act, pending, freshness]
kind: proposal
legal_review: none
generated: { by: claude-code/opus-5.5, at: "2026-10-09T00:00:00Z" }
status: draft
stale_after: "2026-12-31T00:00:00Z"
sources:
  - id: ai_omnibus
    resource: "https://eur-lex.europa.eu/eli/reg/2026/1744/oj/eng"
    title: "Regulation (EU) 2026/1744 (Digital Omnibus on AI), OJ 24 July 2026"
  - id: birdbird
    resource: "https://www.twobirds.com/en/insights/2025/eu-digital-omnibus-package-major-changes-to-the-data-act-proposed"
    title: "Bird & Bird: EU Digital Omnibus — major changes to the Data Act proposed"
  - id: gt
    resource: "https://www.gtlaw.com/en/insights/2026/7/eu-digital-omnibus-package-proposes-amendments-to-data-act"
    title: "Greenberg Traurig: Digital Omnibus proposes amendments to the Data Act (July 2026)"
  - id: mccann
    resource: "https://www.mccannfitzgerald.com/knowledge/data-privacy-and-cyber-risk/data-act-developments-2026-and-beyond"
    title: "McCann FitzGerald: Data Act developments, 2026 and beyond"
  - id: simmons
    resource: "https://www.simmons-simmons.com/en/publications/cmuv0vn3b006cujr4ek8nre0s/regulating-data-eu-data-act-more-september-2026-edition"
    title: "Simmons & Simmons: Regulating data, September 2026"
  - id: whitecase
    resource: "https://www.whitecase.com/insight-alert/eu-agrees-digital-omnibus-deal-simplify-ai-rules"
    title: "White & Case: EU agrees Digital Omnibus deal to simplify AI rules"
---

# Two tracks

The Commission's Digital Omnibus (proposed November 2025) moved on two tracks.

- **The AI track** amends the AI Act. Agreed on 7 May 2026,[^whitecase] it was
  adopted as Regulation (EU) 2026/1744 and published in the Official Journal on
  24 July 2026,[^ai_omnibus] deferring high-risk duties to 2 December 2027
  (2 August 2028 for AI in regulated products). See [AI Act](/law/wider-rulebook/ai-act.md).
- **The data track** amends the Data Act: cloud switching, trade-secret
  protection, public-sector access, and folding in the Data Governance Act and
  related rules.[^birdbird] As of September 2026 it is still in negotiation.
  Member States did not adopt a Council compromise before the summer break,
  and agreement is targeted for the end of 2026 at the earliest.[^mccann][^simmons]
  Re-checked 2026-10-09: no agreement on this track found.

# What the site does about it

Until the amending regulation is published in the Official Journal, the Data
Act applies as written and the site shows it as written. The rulebook carries a
single line saying amendments are pending, linked here. When this concept
passes its `stale_after` date, re-check before anything ships.

# Watch

- Switching provisions for custom-built and SME services (affects
  [Articles 23–31](/law/eu-data-act/chapters.md)).
- Trade-secret grounds to refuse access (affects
  [Article 4](/law/eu-data-act/articles/article-04.md),
  [Article 5](/law/eu-data-act/articles/article-05.md)).
- Chapter V narrowed to public emergencies.

[^whitecase]: White & Case
[^ai_omnibus]: Regulation (EU) 2026/1744
[^birdbird]: Bird & Bird
[^mccann]: McCann FitzGerald
[^simmons]: Simmons & Simmons