Security & Compliance
September 23, 2026GDPR AI clause leak: why Article 88bis is no free pass
A leaked Council text of 3 September, document 12535/26, turns the Digital Omnibus AI clause into Article 88 bis: legitimate interest for AI training and deployment stays, but the Commission's four safeguards, including the unconditional right to object, are struck, while Germany wants a full presumption. For Swedish and EU teams on Azure the balancing test still applies, so document it now and build the objection path into your pipelines.
GDPR
Digital Omnibus
EU Regulation
AI Governance
Legitimate Interest
IMY
EDPB
Azure OpenAI
Microsoft Foundry
Data Protection
By Falak Mahmood