Data Protection Updates in 2026 That May Affect Your Company

Since the entry into force of the General Data Protection Regulation in 2018, the European regulatory framework has continued to evolve to adapt to digital transformation, the growth of online services, and the intensive use of advanced technologies. In recent years, the European Union has strengthened its digital strategy with new regulations aimed at ensuring responsible use of technology and stronger protection of personal data.

These updates are part of a comprehensive vision that combines innovation, security, and regulatory compliance. For companies, this implies the need to continuously review their data processing processes, their technology providers, and their digital systems, ensuring they meet current standards.

What legislative updates can we find in 2026 regarding data protection?

European regulation on artificial intelligence

The European framework on artificial intelligence establishes clear requirements for the development and use of AI systems within the European Union. This regulation classifies applications according to their level of risk and defines specific obligations based on the potential impact they may have on people’s rights and safety.

The regulation applies to any organization offering artificial intelligence systems in the European market, regardless of where its headquarters are located. In this context, companies must ensure transparency, proper oversight, and human control where required by the regulation, integrating these requirements into their compliance and technology governance strategies.

International data transfers

Data transfers between the European Union and other countries continue to be regulated by mechanisms designed to ensure an equivalent level of protection. These agreements establish specific conditions for information exchange, especially when technology providers located outside the European Economic Area are involved.

For organizations operating internationally, it is essential to verify that data flows comply with current requirements and that adequate safeguards are in place to protect personal information in any transfer context.

Criteria on the use of cookies

European authorities have strengthened the criteria related to the use of cookies and tracking technologies in web environments. Consent must be clear, freely given, and informed, and it cannot make access to content mandatory when it does not involve strictly necessary cookies.

In addition, acceptance and rejection mechanisms must be presented with the same ease and visibility, ensuring a transparent process for users. This approach aims to strengthen real control over personal data and improve trust in digital environments.

Processing of biometric data

The use of biometric data, such as fingerprints or facial recognition, remains subject to strict restrictions due to its classification as special category data. Its processing is only permitted when there is a specific legal basis and the conditions established by applicable regulations are met.

In the business context, it is essential to carefully assess the legitimacy of these systems before implementation, ensuring compliance with the data minimization principle and conducting a proper impact assessment when necessary.

Digital Services Regulation

The European framework on digital services strengthens the responsibility of online platforms and providers, establishing obligations related to transparency, content management, and user protection. This regulation aims to create a safer and more balanced digital environment, providing greater legal clarity for both citizens and businesses.

For organizations operating in digital environments, this regulation implies adapting internal processes, reviewing compliance policies, and ensuring that the services offered meet the standards required at the European level.