Brussels Blinks on SME Compliance
On March 13, 2026, the EU Council agreed its negotiating position on the Digital Omnibus on AI — a package of targeted amendments to make the AI Act simpler and less burdensome for smaller businesses. The European Parliament followed suit two weeks later, voting overwhelmingly for the same approach.[1]
The changes aren't final yet — they have to clear trilogue negotiations between the Council, Parliament, and Commission before they become law. But both institutions agree on the direction, which means there's a credible path to meaningful simplification before August 2026.
What's Actually Changing
The most significant change for SMEs is documentation. Right now, simplified documentation requirements only apply to microenterprises — businesses under 10 employees. The Omnibus extends that simplification to all SMEs up to 250 employees and €50M turnover. Full technical documentation for high-risk AI is substantial: training data records, performance metrics, architecture details. Simplified requirements cut that burden significantly.[3]
The high-risk AI deadline is also under review. The core technical standards that businesses need to demonstrate compliance — published by EU standardisation bodies CEN and CENELEC — aren't ready yet. They're now targeting end of 2026, after the August enforcement date. Rather than force companies to comply against undefined standards, the Omnibus proposes that high-risk obligations should only fully apply once those standards land. That's potentially 16 more months of runway for affected businesses.[4]
The AI literacy obligation in Article 4 is also being softened. Instead of a hard legal obligation on individual employers, member states and the Commission would take responsibility for encouraging AI literacy training nationally. The practical effect: lower enforcement risk for companies that haven't yet run formal AI training sessions.
Why the EU Is Doing This
The Draghi report on EU competitiveness was blunt: regulatory accumulation is hurting European businesses relative to US and Chinese competitors. The Digital Omnibus is the most direct response. The Commission framed it as cutting compliance costs without gutting protections. It's a political signal as much as a legal one — Brussels wants compliance to be achievable, not just aspirational.[2]
What Hasn't Changed
Transparency obligations — chatbot disclosures, AI content labelling, emotion recognition rules — are not affected. August 2, 2026 stands for those. The prohibited AI practices ban has been in force since February 2025. Neither of those is part of the Omnibus simplification.
Also worth knowing: none of this is law yet. Until the final amended text clears trilogue and is published in the Official Journal, the August 2026 deadline applies. Don't treat "the deadline is changing" as a reason to pause.
What to Do With This Information
If you're working on high-risk AI compliance and the documentation burden feels overwhelming, this is encouraging news — but don't bank on it. Start the work now at whatever pace you can sustain, and adjust when the Omnibus is formally adopted.
For most SMEs focused on transparency and chatbot compliance, the Omnibus changes are mostly background context. The August 2026 deadline for those obligations isn't moving, and the fix is usually quick. Do it now. Use the Omnibus extension — if it passes — as relief on the harder stuff.
This article is for informational purposes only and is not legal advice.
Sources
- [1]Council of the EU — Press Release: Council agrees position to streamline rules on AI (13 March 2026)
- [2]European Commission — Digital Omnibus on AI Regulation Proposal
- [3]IAPP — EU Digital Omnibus: Analysis of key changes
- [4]Morrison Foerster — EU Digital Omnibus on AI: What Is in It and What Is Not?
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