The Digital Omnibus on AI.
Reviewed
Short answer
Regulation (EU) 2026/1744, the Digital Omnibus on AI, amended the AI Act with effect from 27 July 2026: it moved the high-risk rules to 2 December 2027 (Annex III) and 2 August 2028 (Annex I), gave providers of generative AI already on the market until 2 December 2026 to mark outputs, and added two prohibitions, on AI-generated non-consensual intimate imagery and child sexual abuse material, from 2 December 2026. It also reworded the AI literacy duty so that no specific level is required, and extended several SME reliefs to small mid-cap companies.
Official source: Regulation (EU) 2026/1744 (EUR-Lex)
Before and after
| Topic | Before (2024 text) | After (2026/1744) | Provision |
|---|---|---|---|
| High-risk, Annex III | 2 August 2026 | 2 December 2027 | Article 113(c)(i) |
| High-risk, Annex I products | 2 August 2027 | 2 August 2028 | Article 113(c)(ii) |
| Marking AI output, systems already on the market | No transition: 2 August 2026 | Until 2 December 2026 | Article 111(4), new |
| Prohibitions | Eight practices in Article 5(1) | Plus (ba) non-consensual intimate imagery and (bb) child sexual abuse material, from 2 December 2026 | Article 5(1), (1a), (1b) |
| AI literacy | “ensure, to their best extent, a sufficient level of AI literacy” | “take measures to support the development of AI literacy”; no specific level must be guaranteed; Commission publishes practical examples | Article 4 |
| Small mid-caps (SMCs) | Not defined | New category (Recommendation (EU) 2025/1099), with lower fine caps for most infringements and the simplified documentation form | Articles 3(14b), 11(1), 99(6a) |
| Simplified quality management system | Microenterprises only | All SMEs, including start-ups, without partner or linked enterprises | Article 63(1) |
| Sensitive data for bias detection | Article 10(5), high-risk only | New Article 4a, with conditions; also allowed for other AI systems | Articles 4a, 10 |
| Code of practice on marking and labelling | Commission may approve the code by implementing act | Commission assesses whether adherence is adequate; implementing act only if the code is inadequate | Article 50(7) |
| Supervision of some AI systems | AI Office may monitor and supervise AI systems built on a GPAI model by the same provider | AI Office exclusively competent for those systems (with listed exceptions) and for AI systems in very large online platforms and search engines | Article 75(1) |
| National regulatory sandboxes | Operational by 2 August 2026 | Operational by 2 August 2027 | Article 57(1) |
| Fundamental rights impact assessment | — | May cross-refer to the GDPR data protection impact assessment; AI Office questionnaire template | Article 27(4), (5) |
Dates of the Omnibus itself
- Adopted 8 July 2026; published in the Official Journal on 24 July 2026.
- Entered into force on the third day after publication, 27 July 2026, and is directly applicable in all member states.
- Articles 102 to 110 of the AI Act, which amend other EU laws, apply from 27 July 2026 (Article 113(d)).
What did not change
- The general date of application, 2 August 2026, including Article 50 for deployers and for new systems.
- The four risk levels and the list of high-risk areas in Annex III.
- The dates for general-purpose AI models (2 August 2025; 2 August 2027 for earlier models).
- The fine levels of Article 99, apart from the new SMC rule.
Questions
- Did the Omnibus delay Article 50?
- Only one part of it, and only for systems already on the market: providers of generative AI systems placed on the market before 2 August 2026 have until 2 December 2026 to mark their outputs (Article 111(4)). Everything else in Article 50, including deployers’ duty to disclose deepfakes, applies from 2 August 2026.
- When did the Omnibus take effect?
- On 27 July 2026, the third day after its publication in the Official Journal on 24 July 2026. Some changes apply later: the new prohibitions from 2 December 2026 and the high-risk rules from 2 December 2027 and 2 August 2028.
Sources
- Regulation (EU) 2026/1744 (Digital Omnibus on AI) — Article 111(4) transition, Article 50(7)EUR-Lex / Official Journal of the EURead on 2 November 2026 from the EU Publications Office’s copy of the Official Journal text (publications.europa.eu, same act); EUR-Lex blocks scripted fetches.read
- AI Act, Article 113: Entry into force and applicationEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
- AI Act, Article 111: AI systems and models already placed on the marketEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
- AI Act, Article 4: AI literacyEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
- AI Act, Article 5: Prohibited AI practicesEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
- AI Act, Article 99: PenaltiesEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
- Regulation (EU) 2024/1689 (AI Act) — Articles 50, 99 and 113EUR-Lex / Official Journal of the EURead on 2 November 2026 from the EU Publications Office’s copy of the Official Journal text (publications.europa.eu, same act); EUR-Lex blocks scripted fetches.read
- Transparency obligations under Article 50 of the AI Act — questions and answersEuropean Commissionread
Last reviewed by Volkan Çatak, Founder, Proofcan.
Not legal advice. This page explains official texts in plain words and links each one; check the sources, or a lawyer, before relying on it for a decision.