Werkflow
Law & Governance

The AI Act After the Omnibus: What Applies Now and What Comes in 2027

The EU moved deadlines but cancelled nothing. For most companies, three things count now: literacy, transparency and data protection.

Reading time: 7 minAs of: Oct 20265 Sources

In spring 2026 uncertainty was high. The EU was negotiating the Digital Omnibus, and many companies read it as a pause for the AI Act. It is now clear what has changed and what has not.

The Omnibus Regulation

After the agreement on 7 May 2026, Parliament (16 June) and Council (29 June) approved it. Regulation (EU) 2026/1744 was published in the Official Journal on 24 July and has applied since 27 July 2026R. Above all, it postpones the duties for high-risk systems. No duty was deleted.

The timeline

Date What applies
1 Aug 2024 AI Act in force
2 Feb 2025 Prohibited practices (Art. 5) and AI literacy (Art. 4)
2 Aug 2025 Duties for providers of general-purpose AI
27 Jul 2026 Omnibus in force, Art. 4 rewritten
2 Aug 2026 Transparency duties under Art. 50
2 Dec 2026 End of the labelling grace period for existing systems, two new prohibitions
2 Dec 2027 High-risk systems under Annex III, such as HR, credit, education
2 Aug 2028 High-risk systems under Annex I, in regulated products

What this means for most companies

AI literacy (Art. 4): The duty has applied since February 2025. The new wording requires measures to promote AI literacy, not a guaranteed level per person. Commentary on the new wording is still divided. Documented training is the safe route.

Transparency (Art. 50): Since 2 August 2026, people must be able to tell when they are interacting with an AI system, such as a chatbot. Labelling duties apply to certain generated content.

Data protection: The AI Act does not replace the GDPR. Germany's Data Protection Conference published guidance in 2024. The key points: the company is the controller, needs a data processing agreement, should prefer tools that do not train on inputs, write internal policies and check whether a data protection impact assessment is needed.

The workflow: governance in seven steps

WorkflowAI stepPersonSystem and dataCheck
  1. 01StartAI inventory: which systems do we use for what?
  2. 02CheckProhibited practice or high-risk under Annex III?
    yes: legal review, plan for 2 Dec 2026 and 2 Dec 2027
  3. 03SystemCheck data processing agreements
  4. 04SystemWrite an AI policy
  5. 05PersonRun and document training
  6. 06SystemAdd transparency notices under Art. 50
  7. 07ResultReview every six months

Limits and risks

  • False security: "Omnibus means pause" is wrong. Literacy, transparency and prohibitions already apply.
  • High-risk underestimated: If you support HR or credit decisions with AI, plan now. The time until December 2027 is short for documentation and oversight.
  • No legal advice: This article provides orientation. Individual cases need legal review.

How to start

  1. Create an AI inventory: system, purpose, data types, vendor, responsible person.
  2. Flag everything that touches personnel decisions, credit or education.
  3. Check each tool's data processing agreement and use of inputs for training.
  4. Plan training for everyone who uses AI and record attendance.

Sources

  1. RRegulation (EU) 2024/1689 (AI Act)
  2. RCloud Security Alliance: EU AI Act's High-Risk Deadline: Deferred, Not Cancelled
  3. RGibson Dunn: EU AI Act Omnibus Agreement, Postponed High-Risk Deadlines
  4. RLaw and Technology: AI literacy, the Digital Omnibus rewrites Article 4 of the AI Act
  5. RGerman Data Protection Conference (DSK): Guidance on AI and data protection, 6 May 2024
More from this section