Between Simplification and Stagnation: The EU Digital Omnibus and the Future of Data Protection Law

Abstract The EU Digital Omnibus has been presented as a targeted exercise in regulatory streamlining but has prompted significant criticism from data protection observers concerned with regression, fundamental rights erosion, and loss of coherence within the EU’s digital acquis. While these concerns warrant serious engagement, this article argues that the debate risks treating legislative reform itself as normatively suspect. This is problematic given the existence of persistent structural and operational weaknesses within the current framework. The central issue, therefore, is not whether EU data protection law should evolve but how reform can address these deficiencies without undermining its legitimacy.

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Publication Details

Journal
Cambridge yearbook of European legal studies
Published
2026-07-27
DOI
https://doi.org/10.1017/cel.2026.10035
Primary Topic
Privacy, Security, and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

Between Simplification and Stagnation: The EU Digital Omnibus and the Future of Data Protection Law

Henry Pearce
Cambridge yearbook of European legal studies
Privacy, Security, and Data Protection
article

Between Simplification and Stagnation: The EU Digital Omnibus and the Future of Data Protection Law

Henry Pearce
article en

Abstract

Abstract The EU Digital Omnibus has been presented as a targeted exercise in regulatory streamlining but has prompted significant criticism from data protection observers concerned with regression, fundamental rights erosion, and loss of coherence within the EU’s digital acquis. While these concerns warrant serious engagement, this article argues that the debate risks treating legislative reform itself as normatively suspect. This is problematic given the existence of persistent structural and operational weaknesses within the current framework. The central issue, therefore, is not whether EU data protection law should evolve but how reform can address these deficiencies without undermining its legitimacy.

Cambridge yearbook of European legal studies
Queen Mary University of London (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Privacy, Security, and Data Protection
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