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EU AI Omnibus Trilogue Fails on April 28, 2026, Over High-Risk AI Exemptions

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EU negotiators failed to reach agreement on the Digital Omnibus package after 12 hours of trilogue talks on April 28, 2026. The sticking point: exemptions for high-risk AI systems embedded in regulated products like medical devices and toys. Industry representatives pushed for reduced "double regulation" burdens, while the European Parliament and civil society groups demanded full compliance with the AI Act. The Council had proposed delaying high-risk obligations until December 2027 for standalone systems and August 2028 for embedded systems. Talks resume in May, but failure to reach a deal by June means the original August 2, 2026 deadline for high-risk AI compliance takes effect unchanged.

The Digital Omnibus, introduced in November 2025, amends the AI Act alongside the GDPR, e-Privacy Directive, and Data Act. The original AI Act took effect in August 2024 and established a tiered timeline: prohibitions on certain AI uses from February 2025, general-purpose AI rules from August 2025, and high-risk system obligations from August 2026. The Omnibus was designed to delay these deadlines to allow time for standards and notified bodies to prepare. A consensus ban on non-consensual intimate image AI—added after the 2025 Grok controversy—could not break the impasse.

Attorneys should monitor the May negotiations closely. If talks fail, firms face immediate compliance obligations for high-risk AI systems in August 2026, with enforcement and fines following. The EU's rollout of the world's strictest AI rules depends on resolving this deadlock before summer.

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