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European Parliament votes on AI Act Omnibus: delays for high-risk AI and ban on nudifier apps

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Update 15 May 2026: this article describes the Parliament position of 26 March 2026. On 7 May 2026, the Council and Parliament reached a provisional political agreement. For the current status, read the new overview: Digital Omnibus AI Act May 2026 status. Where this article mentions 2 November 2026 for watermarking, that is the earlier Parliament position; the political agreement names 2 December 2026.

On 26 March 2026 the full European Parliament voted on the AI Act Omnibus, the simplification package proposed by the European Commission in November 2025 as part of its seventh omnibus initiative. The result was unambiguous: 569 members voted in favour, 45 against and 23 abstained. Following the committee vote of 19 March 2026, the Parliament confirmed its position on four themes that directly matter to organisations working with AI.


Two separate postponement timelines for high-risk AI

The most discussed element of the Omnibus is the shift in deadlines for high-risk AI systems. The text draws a distinction that has not always been clearly reported in public coverage.

On one side are systems listed in Annex III of the AI Act, the group most organisations have in mind when they think about high-risk AI. This includes biometric identification systems, applications for critical infrastructure, AI in education and employment, systems for essential services, law enforcement, justice, and border management. For all of these systems, the date on which high-risk obligations apply shifts from 2 August 2026 to 2 December 2027.

On the other side are AI systems that are already regulated by existing EU sectoral safety legislation. Medical devices, radio equipment, and toy safety are prominent examples. That category gets even more time: until 2 August 2028. The reasoning is that products already subject to comprehensive sector-specific regimes should not carry a double compliance burden. The Omnibus also provides that AI Act obligations for those products may be less stringent than for systems without equivalent sectoral regulation.

Parliament position after the plenary vote (historical)

High-risk AI - Annex III (biometrics, critical infrastructure, education, employment, essential services, law enforcement, justice, border management): obligations apply from 2 December 2027.

High-risk AI - EU sectoral legislation (medical devices, radio equipment, toy safety and comparable regimes): obligations apply from 2 August 2028.

Watermarking (AI-generated audio, image, video and text): Parliament position from 2 November 2026. The later political agreement names 2 December 2026.

Prohibited practices - nudifier apps: applies upon entry into force of the final text.

It is essential to emphasise that obligations already in force are unaffected. The AI literacy requirement of Article 4 has applied since 2 February 2025. The prohibited practices listed in Article 5 are also already active. The Omnibus does not reopen those dates.


Nudifier apps: a new explicit prohibition

The most striking new element of the Omnibus is the explicit addition of so-called nudifier applications to the list of prohibited AI practices. These are systems that use AI to create or manipulate sexually explicit or intimate images resembling an identifiable real person without that person's consent. The fact that this prohibition is now inserted separately is a direct response to the growing problem of non-consensual intimate imagery, also known as deepfake pornography or NCII.

The text includes a targeted exception: providers whose systems have effective safety measures that actively prevent the creation of such images fall outside the prohibition. The bar for that exception has been deliberately set high. A general terms of service clause or moderation policy does not suffice. The measure must be technically effective.

For most organisations offering AI tools, this prohibition is not an operational surprise. Platforms providing generative image editing will need to assess their architecture and moderation design against this criterion. That is, however, a separate exercise from the broader high-risk obligations imposed elsewhere in the AI Act.


Watermarking: Parliament wanted earlier than the Commission

In its original Omnibus proposal, the European Commission had suggested giving providers of AI-generated content tools until 2 February 2027 to comply with the watermarking and labelling obligations of Article 50. Parliament chose a stricter deadline: 2 November 2026, more than three months earlier.

For organisations that generate and publicly distribute AI-produced text, audio, images or video, this was a point to incorporate into planning. The later political agreement chooses a middle position and names 2 December 2026. Article 50 therefore remains close: transparent labelling of synthetic content needs technical and process preparation.


Bias correction and personal data

The Omnibus introduces a new explicit legal basis for AI system providers: they may process personal data, including special categories, to detect and correct discriminatory bias in their systems. Until now this was a legal grey area, particularly when sensitive data such as ethnicity, health status or religion is needed to identify bias in training datasets.

The Omnibus imposes strict safeguards on this processing. But the foundational authorisation is in place. This means that bias audits, which are already mandatory for high-risk AI systems, can now be carried out on a clearer legal footing. For teams who combine AI governance responsibilities with data protection tasks, this is a meaningful improvement in legal clarity.


Support extended to small mid-cap enterprises

The AI Act already contains specific support measures for small and medium-sized enterprises, including access to regulatory sandboxes and reduced administrative requirements. The Omnibus extends those measures to small mid-cap enterprises, a category larger than the classic SME definition but still considered relatively small scale. This is a practical acknowledgement that compliance burdens under the AI Act are not a challenge exclusive to the very smallest players.


What happened next: agreement with the Council

The plenary vote on 26 March marked the start of the final negotiation phase, not the end of the legislative process. On 7 May 2026, the Council and European Parliament reached a provisional political agreement. The main lines are now clearer: 2 December 2027 for Annex III high-risk AI, 2 August 2028 for product-based high-risk AI under sectoral EU law, and 2 December 2026 for watermarking and the new prohibitions around nudifier/CSAM systems.

The definitive law still does not exist until formal approval, legal-linguistic revision and publication in the Official Journal have taken place. Organisations using the known dates for planning should therefore label them as political agreement dates, not formally applicable law.

For compliance teams the message is unchanged from earlier this year: do not stop preparing. The classification question - whether a system is high-risk or not - needs to be answered early. Investing now in risk management, technical documentation and internal governance processes gives you time to test and refine them before the deadlines arrive. Waiting for the final text means losing that room.


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⚖️ Referenced Legislation

European Parliament votes on AI Act Omnibus: delays for high-risk AI and ban on nudifier apps | Practical Guide | EU AI Act | Responsible AI Platform