Smart data management: habemus Omnibus Digital UE

Abstract

In this paper we assess the so-called Digital Omnibus package presented by the European Commission. This highly topical issue raises several legal questions that warrant further examination. Therefore, the main proposed regulatory changes are analyzed, with the primary aim of facilitating digital and smart entrepreneurship and boosting competitiveness in the EU market built around data, now recognized as a valuable asset. This interest, in turn, aligns with the objectives of the European Strategy and, consequently, with the need to reconfigure existing regulations in this area, particularly given the established presence of artificial intelligence (AI). However, it seems appropriate to reflect on the proposed legal reforms, especially considering their impact on the current regulatory framework governing the protection of personal data, among other types of data that could be affected. The proposed changes are significant, affecting several existing EU laws that had established an advanced common legal framework for managing dynamic data of various types. In this respect, it can be inferred that, despite the European legislator’s good intentions, some of the proposed innovations could indeed undermine the solid foundations already built by the legal system, even jeopardizing the public duty to protect fundamental rights and the guarantees offered.