Key Takeaways:
- The European Union is entering a pivotal year for data protection, AI governance, and cybersecurity regulation in 2026.
- The Digital Omnibus Package is expected to simplify the EU’s digital-regulatory landscape and reduce administrative burdens for organizations.
- Transparency and information obligations under the GDPR will be a top enforcement priority in 2026.
- The European Commission will publish guidance on high-risk AI systems and finalize the Code of Practice on Transparency of AI systems.
- The implementation of the Data Act will continue, with core obligations applying since September 2025 and additional provisions applying from September 2026.
- Several important cyber frameworks, including the NIS2 Directive and the Cyber Resilience Act, will reach critical points in 2026.
Introduction to the EU’s Digital Landscape in 2026
As 2026 gets underway, the European Union enters a pivotal year for data protection, AI governance, and cybersecurity regulation, among other matters. EU institutions and national authorities are expected to progress a number of significant digital-policy files, roll-out new cyber-resilience obligations, and make transparency in the privacy space a top priority. The European Commission is advancing the Digital Omnibus Package, a broad initiative aimed at streamlining the EU’s digital-regulatory landscape and reducing administrative burdens for organizations. This package includes clarifying the GDPR’s definition of personal data, empowering the Commission to set out the circumstances under which pseudonymized data may qualify as anonymized, and introducing amendments to the GDPR that facilitate AI development and use.
Regulatory Simplification and the Digital Omnibus Package
The Digital Omnibus Package is currently under negotiation, with the Commission aiming for political agreement later in 2026. Timelines may shift depending on the EU trilogue progress, but any adopted measures would likely be phased in over several years, with certain changes expected to take effect only from late 2027. The European Commission has also signaled that further reforms to the e-Privacy Directive are under consideration, beyond the limited amendments already included in the Digital Omnibus Package. These reforms are expected to be considered in a future reform of the remaining provisions of the Directive, although no indication of timing has been provided.
Enforcement Trends in 2026
2026 is likely to be busy on the enforcement front, with several noteworthy trends emerging. Transparency obligations under the GDPR will be a top enforcement priority, with the European Data Protection Board’s 2026 Coordinated Enforcement Action focusing on transparency and information obligations. This year’s coordinated enforcement action may lead to more investigations and stricter penalties than in previous years. Additionally, the GDPR procedural regulation, which entered into force on January 1, 2026, will affect how supervisory authorities process data protection-related complaints and cooperate with one another. The Digital Services Act (DSA) will also be a focus of enforcement, with several formal investigations launched by the Commission in 2025 expected to conclude during 2026.
AI Governance and Regulation
AI will remain a central policy and regulatory theme in 2026, with several key developments expected. The European Commission will publish guidance on high-risk AI systems, providing clarity on borderline high-risk use cases. The Code of Practice on Transparency of AI systems is expected to be finalized in Q2 2026, and obligations for high-risk AI systems enumerated in Annex III will enter into force on August 2, 2026. Additionally, the implementation of the AI Act will continue, with national laws intended to facilitate application of the AI Act at the Member State level expected to be adopted by additional Member States in 2026.
Data Act Implementation and Cybersecurity Frameworks
The implementation of the Data Act will continue throughout 2026, with core obligations applying since September 12, 2025, and additional provisions applying from September 12, 2026. The European Commission will work on guidelines relating to implementation of the Data Act, including guidance on selected definitions. Several important cyber frameworks, including the NIS2 Directive and the Cyber Resilience Act, will reach critical points in 2026. Multiple Member States are expected to complete the transposition of the NIS2 Directive, and early compliance obligations, including sector-specific registration and supervision, will begin to apply.
New Proposals and Initiatives
The European Commission has proposed a Digital Networks Act to modernize and harmonize EU connectivity rules, as well as a revised Cybersecurity Act (CSA) to simplify compliance with existing EU rules. The revised CSA introduces a strengthened EU cybersecurity certification framework, establishes a horizontal framework for ICT supply-chain security, and reinforces ENISA’s role. Additionally, the Commission has proposed targeted amendments to the NIS2 Directive, which would clarify jurisdictional rules, streamline the collection of ransomware-related data, introduce a new "small mid-cap" enterprise category to lower compliance costs, and strengthen ENISA’s coordinating role.
Conclusion and Next Steps
In conclusion, 2026 is shaping up to be a significant year for the European Union’s digital landscape, with several key developments and initiatives expected to emerge. Organizations should be aware of the potential impact of these developments on their operations and take steps to ensure compliance with relevant regulations. The European Commission’s proposals and initiatives, including the Digital Omnibus Package, the AI Act, and the Cyber Resilience Act, will have far-reaching implications for data protection, AI governance, and cybersecurity regulation. As the EU continues to evolve its digital landscape, organizations must stay informed and adapt to the changing regulatory environment.
