eco Association on the Digital Omnibus: Europe Promises Regulatory Relief but Leaves Key Barriers to AI in Place

Council agrees on a common position - eco Association calls for clear legal grounds for AI training and proportionate data protection obligations

Commenting on the agreement reached by EU Member States on a common position regarding the Digital Omnibus, Oliver Süme, Chair of the Board of eco - Association of the Internet Industry, said:

"Europe can only remain competitive in AI if companies can train and further develop their models here with legal certainty. This requires clear statutory legal grounds for AI training. Our latest study with IW Consult highlights the economic potential of AI-driven innovation: it is already generating over EUR 120 billion in revenue in Germany alone. Europe must not squander this potential through a lack of legal certainty and unnecessary bureaucratic hurdles. The current compromise must therefore provide greater legal certainty rather than leaving crucial questions unresolved. Given that the AI Omnibus has already fallen significantly short of the ambitions Europe itself has set, the Digital Omnibus must deliver tangible simplifications if Europe is to become an 'AI continent'.

At the same time, the General Data Protection Regulation (GDPR) must become more practical and proportionate without compromising fundamental rights. Small and medium-sized enterprises (SMEs) and non-profit organisations, in particular, need meaningful relief. Introducing a separate category of so-called 'low-risk controllers', which would be exempt from certain obligations when carrying out low-risk data processing, would be a sensible approach.

The upcoming trilogue negotiations must now be used to make targeted improvements. The German federal government has rightly pointed out that the current compromise does not adequately address the fundamental problems. The Digital Omnibus must deliver on its promise: less unnecessary bureaucracy, greater legal certainty and better conditions for AI innovation and competitiveness in Europe."

The study can be downloaded here.

About the Study

The study was conducted by IW Consult GmbH on behalf of eco - Association of the Internet Industry. It examines the use of artificial intelligence, the economic value it generates and the infrastructure supporting it in Germany, drawing on an extensive survey of companies and AI start-ups, an analysis of online job advertisements and a literature review.