The Point: noyb warns that the planned changes to GDPR and ePrivacy Directive could lead to conflicts with the EU Charter of Fundamental Rights and result in loss of data subject rights.
The European Commission published its “Digital Omnibus” proposal on November 19, 2025. The data protection organization noyb has identified significant legal deficiencies in its updated analysis (version 3 from February 24, 2026).
Noyb has conducted a comprehensive analysis of all GDPR and ePrivacy-relevant changes in the Digital Omnibus proposal. The report was initially published shortly after the Commission’s publication and has now been expanded in version 3 (February 24, 2026) to include commentary on the joint statement by the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) from February 11, 2026.
According to noyb’s analysis, the changes to GDPR and the ePrivacy Directive would lead to multiple conflicts with the Charter of Fundamental Rights of the European Union. The report documents inconsistencies, a risk of reduced data subject rights, and a clear departure from the previous logic of GDPR and the case law of the Court of Justice of the European Union (CJEU).
The analysis report compares the current legal situation with the Commission’s proposal, addresses relevant court cases, and demonstrates the impact on data subjects, supervisory authorities, and controllers using realistic examples. noyb has additionally published an explanatory video in which the legal team details the changes proposed by the Commission.
Source: noyb.eu · Published February 24, 2026
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