December 10, 2025

Episode 58: The EU Digital Omnibus, Part 2: With Peter Craddock

50 minutes

Peter Craddock joins Alan Chapell to discuss the EU Digital Omnibus proposal - and debate the value of simplification of the digital privacy rules in Europe. Peter views these changes as pragmatic, while Alan is concerned that we’re trading in one set of ambiguities to another.

More on Peter Craddock https://www.khlaw.com/people/peter-craddock.

More on Alan's Regulatory Outlook Substack https://chapellreport.substack.com/welcome

Takeaways

Peter believes the Digital Omnibus changes are intended to add a layer of pragmatism to EU data protection law.

The GDPR was designed to enshrine privacy as a fundamental right, but that doesn’t mean privacy should prevail over everything else.

You also take into account other fundamental rights: fundamental right of information and freedom of expression.

Chapters

00:00 Peter returns and sets the stage for what the EU Digital Omnibus is and why it exists.

04:20 How the proposal and Court of Justice rulings reshape the meaning of personal data for ad tech.

10:00 What pseudonymous companies can argue today under SRB and related cases.

15:40 Why ePrivacy consent rules still bite even if GDPR does not apply.

20:40 Browser-based consent controls and why industry expects pushback.

26:10 How regulators may respond, and why pragmatism is becoming more visible.

35:40 Legitimate interest for AI training versus consent for monetization.

41:00 Whether the changes help smaller players and what uncertainty remains.

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By Alan Chapell

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