The European Data Protection Board (EDPB) Plenary Session, held on 2-3 December 2025, discussed the European Commission’s Omnibus Regulation proposal, in particular the amendment of the GDPR. In this regard, a press release was published expressing a preliminary position of the European Data Protection Board, with a view to issuing a joint opinion with the European Data Protection Supervisor (EDPS).

Preliminary, the EDPB and the EDPS have reported that the proposed amendment to the definition of personal data appears to go further than the recent case law of the CJEU and beyond a specific amendment to the GDPR, risking negatively affecting the fundamental right to the protection of personal data.

The EDPB has also adopted Recommendations 2/2025 on the legal basis for requiring the creation of user accounts on e-commerce websites (https://www.dataprotection.ro/servlet/ViewDocument?id=3052) to clarify the situations in which e-commerce websites may require their users to create an account.

As a general rule, users should have the option to interact with e-commerce websites, including the possibility to make purchases, without creating an account. In such cases, the EDPB recommends that e-commerce websites offer the choice of either a “visitor” mode (which allows users to make purchases without creating an account) or the option to voluntarily create an account. This approach minimises the processing of personal data and is therefore in line with the GDPR principle of data protection by design and by default. However, mandatory account creation may be justified in a limited number of cases, including when offering a subscription service or providing access to exclusive offers.

At the same meeting, the President of the Data Protection Authority of Slovenia was elected as the Vice-President of the EDPB.

On 2 December 2025, an online meeting was also held with the data protection authorities of the countries that enjoy an adequate level of protection, based on the decisions of the European Commission.

More information is available at: https://edpb.europa.eu/news

Legal and Communication Department

A.N.S.P.D.C.P